Sec. 26-15. - Same—Amendments.
That the following provisions of the International Building Code, 2021 Edition, shall be deleted in their entirety and the following shall be substituted in lieu thereof:
CHAPTER 1
SCOPE AND ADMINISTRATION
SECTION 101 - GENERAL
101.1 Title. These regulations shall be known as the Building Code of The City of New Orleans, Louisiana, hereinafter referred to as "this code".
101.1.1 Definitions. Except as expressly provided in this code, the following terms and their variant forms shall mean the following:
1. Department means the Department of Safety and Permits.
2. Director means the Director of the Department of Safety and Permits.
3. IBC means the current version of the International Building Code as published by the International Code Council.
4. IRC means the current version of the International Residential Code as published by the International Code Council.
101.2 Scope. The provisions of the International Building Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
Exceptions. Detached one-and two- family dwellings and multiple single-family dwellings (townhouses) not more than three stories a grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code. (See Chapter 35, this Code.) Appendix "J" of the International Residential Code is hereby adopted.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
101.3 Intent. The purpose of this code is to establish the minimum requirements to provide a reasonable level safety to protect the public health and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide reasonable level of safety to fire fighters and emergency responders during emergency operations.
101.3.1 Quality Control. Quality control of materials and workmanship is not within the purview of this Code except as it relates to the purposes stated herein.
101.3.2 Permitting and Inspection. The inspection or permitting of any building or plan by the City of New Orleans, under the requirement of this Code shall not be construed in any court as a warranty of the physical condition of such building or the adequacy of such plan. Neither the City of New Orleans nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building or plan, or for any failure of any component of such building, which may occur subsequent to such inspection or permitting.
101.4 Referenced Codes. The other codes listed in Sections 101.4.1 through 101.4.6 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
101.4.1 Electrical. The provisions of the Chapter 27 of this Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
101.4.2 Gas. The provisions of the International Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
101.4.3 Mechanical. The provisions of the International Mechanical Code shall apply to the installation, alterations, repairs, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems.
101.4.4 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, appurtenances, and where connected to a water or sewerage system and all aspects of a medical gas system.
101.4.5 Fire Prevention. The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
101.4.6 Energy. The provisions of the International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for energy efficiency. These provisions are not applicable in areas where state mandated energy requirements are in effect.
101.4.7 Existing Buildings. The provisions of the International Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
SECTION 102 - APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement, shall be applicable. Where, in any specific case, different sections of this code specify different materials methods of construction or other requirements, the most restrictive shall govern.
102.2 Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
102.3 Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
102.4 Referenced Codes and Standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2.
(A) 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
(A) 102.4.2 Provisions in referenced code and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the International Codes listed in Section 101.4, the provisions of this code or the International Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard.
102.5 Partial Invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
102.6 Existing Structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Existing Building Code or the International Fire Code or as is deemed necessary by the Director for the general safety and welfare of the occupants and the public.
102.7 Encroachments. The owner of any building or structure with encroachments in/above/on/under the city's public rights-of-way is wholly responsible for the proper maintenance and use thereof and shall defend, indemnify, and hold harmless the city from all actions, claims, costs, damages and expense to which the city may be subjected by reason of any injury or alleged injury to any person or property resulting or alleged to result from such encroachments. The owner shall pay all sums so recovered against the city in any suit on account of such alleged injuries to which the city may be made a party, together with all such costs, damages and expenses as may be suffered by the city, all in a manner as to hold the city harmless from all such actions or claims. For purposes of this section encroachments are privately-owned structures or infrastructure (or a component part of the structure or infrastructure), that occupies the space on/over/under/into the public right-of-way and are effectively permanently-attached to the structure on the adjacent legal lot of record. Examples of these encroachments include but are not limited to: balconies, galleries, roof overhang, and steps.
SECTION 103 - DEPARTMENT OF SAFETY AND PERMITS
103.1 General. The Department of Safety and Permits headed by the Director is the agency responsible for administration and enforcement of this code. The Director has the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions, as well as rules and regulations pursuant to Section 2-1000 of the Code of the City of New Orleans. The interpretations, policies, procedures, rules, and regulations shall be in compliance with the intent of this code. The policies, procedures, rules, and regulations shall not have the effect of waiving requirements specifically provided for in this code.
103.2 Applications and Permits. The Director shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of building and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
103.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the Director shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the Director determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the Director shall require the building to meet the requirements of Section 1612 of this code and Chapter 78 of the Code of the City of New Orleans.
103.3 Notices and Orders. The Director shall issue all necessary notices or orders to ensure compliance with this code.
103.4 Inspections. The Director shall make the required inspections, or the Director shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Director is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise.
103.5 Identification. The Director and employees of the Department of Safety and Permits shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
103.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Director has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Director is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Director shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Director shall have recourse to the remedies provided by law to secure entry.
103.7 Department records. The Director shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and order issued. Such records shall be retained in accordance with the public record law of the State of Louisiana.
103.8 Liability. The Director, members of the Board of Building Standards and Appeals or employees charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Director or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
103.9 Approved Materials and Equipment. Materials, equipment and devices approved by the Director shall be constructed and installed in accordance with such approval.
103.9.1 Used Materials and Equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the Director.
103.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Director shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Director shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of Safety and Permits.
103.10.1 Flood hazard areas. The Director shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.
2. A determination that failure to grant of the variance would result in exceptional hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
103.11 Alternative Materials, Design and Methods of Construction and Equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Director finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the materials, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
103.11.1 Research Reports. Supporting data where necessary to assist in the approval of materials or assemblies not specifically provided for in this code shall consist of valid research reports from approved sources. Product Evaluation Reports, as listed by ICC-ES, could be used to consider alternate materials or methods for acceptance and shall be referenced on the plans submittal package submitted for obtaining the permit.
103.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Director shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Director shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Director for the period required for retention of public records.
103.11.3 Requirements Not Covered by Code. Any requirements necessary for the strength or stability of an existing or proposed building or structure, or for the public safety, health and general welfare, not specifically covered by this Code, shall be determined by the Director.
103.12 Employees. The Director shall appoint all employees of the Department of Safety and permits subject to the existing Civil Service Laws of the State of Louisiana and the City of New Orleans. The person or persons appointed shall be persons fully qualified by technical training and experience, in both theory and practice, in the field in which their services will be utilized.
103.13 Construction or Demolishing Privileges. Materials or equipment for use in connection with the construction, demolishing, repair or maintenance of a building shall not be placed upon any portion of public-right-of-way (street or sidewalk), adjacent to the building or otherwise, without a permit issued by the Director of Department of Public Works. (See Chapter 33 of this Code, "Safeguards during Construction" for additional information.)
103.13.1 Any person having the use as described herein of any portion of the street or sidewalk shall cause red lights to be placed and maintained in a conspicuous place in front of all obstructions from sunset to sunrise each night, during the time such obstructions remain on the street or sidewalk and, further, shall cause barricades to be placed and maintained in a conspicuous place in front of all obstructions twenty-four (24) hours a day. Said person shall agree to indemnify and hold harmless the City of New Orleans, its officials, agents and employees from and against all claims, suits, liabilities, damages, losses and expenses, including, but not limited to, costs, attorney's fees and interest, for all injuries to persons, and for all damage to the property of the City or others, caused by or resulting from failure to properly light and guard the obstruction or caused by or resulting from the negligence of himself, his employers or his agents, in connection with said use of the street or sidewalk, and further, said person shall indemnify and hold harmless the City of New Orleans, its officials, agents and employees from and against all claims of strict liability brought against the City in connection with injury against all persons or property occurring in connection with said use of the street or sidewalk.
103.13.2 All surface and subsurface media taken from excavations and construction/demolition debris or rubbish taken from buildings shall not be stored upon the sidewalks or streets, but shall be removed daily as rapidly as accumulated. Media, debris, and/or rubbish not removed from the site daily must be stored in a refuse container or other device to prevent said materials from becoming a public nuisance; in the case of demolition of a building or structure, removal or storage of debris must commence within seventy-two (72) hours of completion of the demolition. The Director may grant additional time for proper removal or storage of said materials upon good cause shown. In cases where materials are dry and likely to produced dust when handled, dust suppression measures (including, but not limited to, keeping said materials damp or covered) shall be utilized to prevent airborne particulate pollution to adjacent and surrounding property. All materials shall be handled in full compliance with applicable Federal and State guidelines (EPA, LDEQ, etc.), including placement of silt fencing barriers, or comparable devices, around any portions of a site which may result in media, debris, and/or rubbish entering the storm water system. Debris or rubbish created on upper floors shall be lowered by elevator in closed receptacles or by closed chutes discharging directly to containers or trucks. Failure to comply with the requirements contained herein shall be a violation of this Code.
103.13.3 Any temporary structures used by a builder shall be removed upon completion of the work. The street and sidewalk shall be cleared of all materials as soon as the use of the street for storage is no longer required.
103.13.4 In consideration of the foregoing permission to use streets and sidewalks for the piling and storing of materials and tools, or the use of equipment, the owner of the building shall be obligated in the event that any of the street or sidewalk pavements or the surface of the paved streets be damaged by the piling or storing of materials, tools, or the use of equipment. The owner shall restore the same within 30 days after completion and acceptance of building to the original condition in which they were before materials or tools were piled or stored thereon, or before the use of equipment.
103.13.5 In every building of reinforced concrete construction, forms of combustible materials shall be stripped from the concrete and removed from the building as soon as practicable.
103.14 Demolition Requirement. When drawings and detail statements are filed with the Director for the construction of a new building, if any existing building or part of an existing building is to be demolished, such facts shall be stated in the statement so filed. In demolishing a building, story after story shall be completely removed. No material shall be placed upon the floor of such building in the course of demolishing, but brick, timbers and other structural parts of each story shall be lowered to the ground immediately upon displacement. The owner, architect, Builder or contractor for a structure to be demolished, shall give not less than a twenty-four (24) hour notice in writing to the Director of such intended demolition. The material being removed shall be properly wetted down to lay the dust incident to its removal. Immediately following the displacement or demolition of plaster, masonry, concrete, and other dust-raising materials, they shall again be thoroughly hosed down to insure against dust or other objectionable features before further removal or disturbance. Public ways and Drainage Systems shall be protected from contamination. All remaining exposed walls of adjoining buildings must be left perfectly safe, and all proper safeguards for the public shall be taken. Any surface holes or irregularities, wells, septic or underground storage tanks, basements, cellars, sidewalk vaults, or coal chutes remaining after demolition of any building or structure shall be filled with material as approved by the Director, and shall be graded in such a manner as to provide effective surface drainage. In demolishing buildings, covered walkways in accordance with the requirements of Chapter 33 may be required when, in the opinion of the Director, such walkways are necessary for public safety.
103.14.1 All demolition contracts for properties to be demolished in which the city is a party shall contain language to mandate that demolition contractors recycle all salvageable construction materials from such demolition projects and to prohibit such contractors from depositing any salvageable construction materials in any landfills or from otherwise disposing of such materials. Salvageable construction materials shall include but are not be limited to wooden door frames, wooden window frames, brackets, doors, windows, any decorative millwork, structural lumber, bricks, cinder blocks, ironwork, baseboards, roofing slate, tile, shingles floorboards, glasswork, gable ends and shutters, weather boards, cabinets, bathtubs, plumbing and wiring.
103.14.2 Removal of Debris. Removal from a site of any debris or rubbish resulting from a fire and/or any attendant demolition of a building or structure must commence within seventy-two (72) hours of the fire. It is the duty of the property owner or his/her agent to remove or cause to be removed from the sidewalk, street, and property all such debris within six (6) days after notice is by the Director. All non-regulated or non-contaminated materials generated by site work shall be deposited, at a minimum, in a permitted Type III construction and demolition debris and wood waste landfill.
103.14.3 Moving of Buildings. No building or part of any building shall be moved or relocated within the City limits without first obtaining permission from the proper City authorities. See Chapter 26 of the New Orleans City Code for additional requirements.
103.14.4 State Laws. Laws of the State of Louisiana regulating the protection of workmen, and the public, in construction shall be deemed a part of this Code.
103.14.5 Penalties. Any person, firm or corporation who shall be the owner of any such building or buildings, or parts thereof, chimneys, staging, or other structure which has become dangerous or unsafe, and a menace to life and limb, and who shall fail, neglect or refuse to comply with the orders of the Director within the time hereinbefore specified, shall be deemed and held guilty of a violation of this Code. Each day that the said person, firm or corporation remains in violation, shall constitute a separate violation; and the fact that the Director may cause said building, buildings or parts thereof, chimneys, staging or other structure to be demolished at the expense of the person, firm or corporation owning the same, shall not preclude the Director from preferring charges against the person, firm or corporation who shall fail, neglect or refuse to comply with the orders of the Director.
SECTION 104 - UNSAFE BUILDINGS, STRUCTURES, INSTALLATION AND MACHINERY
104.1 Definitions. For purposes of this section, the following definition shall apply.
104.2 Public Nuisance. A building or structure is deemed to be a public nuisance if by reason of the condition in which it is permitted to be or remain, it may endanger the health, life, limb, or property of a person, or cause any hurt, harm, damages, injury or loss to a person or persons in one or more of the following circumstances.
1. By reasons of being dilapidated, decayed, rodent or insect infested unsafe or unsanitary is detrimental to health, morals, safety, public welfare, and the well-being of the community, endangers life or property or is conducive to ill health, delinquency and crime.
2. By reason of being a fire hazard.
3. By reason of the conditions which require its continued vacancy, the public nuisance, and its surrounding grounds are not reasonably or adequately maintained thereby causing deterioration and creating a blighting influence or condition on nearby properties and thereby depreciating the value, use and enjoyment to an extent that it is harmful to the public health, welfare, morals, safety and the economic stability of the area, community, or neighborhood in which such a public nuisance is located. A vacant structure that is not secured against entry shall be deemed unsafe.
104.3 Unsafe Mechanical or Electrical Installations. Any premises, building or buildings, part or parts of a building, mechanical or electrical installations and equipment, chimneys, staging or other structure that from any cause may now be or shall at any time hereafter become dangerous or unsafe, shall be taken down and removed, or made safe.
104.4 Menace to Public Safety. The Director shall determine as a matter of fact whether or not said public nuisance is in imminent danger of collapse and constitutes a menace to the public's health, safety or welfare.
104.5 Imminent Danger. If the Director determines that the public nuisance is in imminent danger of collapse, and constitutes a menace, he shall have the authority to cause the demolition of said nuisance by a municipal department or private company without previous notice to the owner, executor, administrator, agent, lessee, or any person or persons who may have a vested or contingent interest in said nuisance. Prior to causing the demolition, a photograph of the public nuisance in imminent danger of collapse shall be taken.
104.6 Public Nuisance. If the Director or his duly authorized representative determines that said public nuisance is not in imminent danger of collapse, but is a nuisance, as defined in Section 104.2 of this code, the following procedure shall be followed:
1. A determination shall be made by the Director or his representative whether the nuisance must be removed or repaired. If the nuisance is in the Vieux Carré District, the Director or his representative shall obtain the written recommendations of the Vieux Carré Commission before complying with Section (d) below. If the nuisance is located in an historic district established or adopted by the City Council or is a structure or portion thereof, designated as a landmark by the appropriate commission, the Director shall obtain the written recommendation of the Historic District Landmarks Commission having jurisdiction over the nuisance or area of work.
2. The Director shall give notice as provided in Section 104.11. Said notice shall direct the person or person notified to certify to the director within three days from the time of notification of his or their assent or refusal to repair or remove same.
3. If the person or persons so notified assents with the requirements of Section 104.6 above, permits shall be secured and the work shall be initiated within ten (10) days of the notice and performed as expeditiously as possible and shall be continuously prosecuted until completed to the satisfaction of the Director or his representative.
4. If the person or persons fails to certify to the director within three days from the time of notification of his or their assent, or refuses to comply with the Director's notice and order to repair or demolish the nuisance in question, shall empower the Director to seek relief:
a. By requesting the City Attorney file charges in the Municipal Court of the City of New Orleans; and/or
b. By requesting a public hearing before the City Council of the City of New Orleans so an owner(s) can show cause why said nuisance should not be demolished. Any owner shall be given reasonable advanced notice of the date and time of the City Council public hearing; and/or
c. By seeking relief through Civil District Court or another Court of competent jurisdiction; and/or
d. Via administrative adjudication as provided in Chapter 6 of the Code of the City of New Orleans.
5. Any person who fails to appear or who does not receive a continuance from the City Council, a Court of competent jurisdiction, or an administrative hearing officer shall be deemed in violation of this Code and the demolition hearing shall proceed without further notice.
104.7 Demolition of Nuisance. Upon a determination of the City Council, a Court of competent jurisdiction, or an administrative hearing officer that the nuisance should be demolished or, in the case of imminent danger as in Section 104.5, the Director shall employ such labor, furnish such materials and take such steps as in his judgment may be necessary to demolish said nuisance.
104.8 Bids for Demolition of Nuisance. The Director shall then proceed to effect the said demolition by advertising for bids through the City Purchasing Bureau, which bids shall be submitted to the Council for acceptance or rejection and final disposition. The City may do the work of demolition itself, or through the use of its own employees. The service of another governmental entity shall be employed in accordance with an intergovernmental agreement approved and executed as a written contract.
104.9 Lien and Privilege. Any and all expenses and costs incurred by the City of New Orleans in the enforcement of Section 104 shall be borne by the person or persons owning the public nuisance and shall constitute a lien and privilege and shall be due and collectible as provided by law.
104.10 Legal Action. The fact that the City may cause said premises, building, buildings, or parts thereof, chimneys, staging or other structure to be demolished or repaired at the expense of the person, firm or corporation owning the same, shall not preclude the Director from taking legal action in a court of competent jurisdiction against the person, firm or corporation who shall fail, neglect or refuse to comply with the orders of the Director and the violation or disregard of such orders shall be considered a violation of this Code.
104.11 Notice to Owners. For purposes of this Ordinance, notice is required to be given to the owner(s) of the nuisance. Notice shall be personally served or sent via regular and certified or registered U.S. mail at the address listed in the assessor's office of the parish. The date of postmark shall be deemed to be the date of delivery. Any notification so sent and returned by the U.S. Post Office shall be considered as having fulfilled the notification requirement. A copy of the notice shall also be affixed in a prominent location on or near the nuisance property.
104.12 Discontinue Utilities. The Director shall have authority to request discontinuance of service of the utility companies when seeking relief as provided in Section 104.6. The Director shall have the authority to request discontinuance of service of the utility companies whenever a nuisance as provided in this Section constitutes an emergency that immediately threatens the health, safety and welfare of the public.
SECTION 105 - PERMITS
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas or mechanical system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Director and obtain the required permit.
105.1.1 Annual Permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, or mechanical installation, the Director is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premise owned or operated by the applicant for the permit.
105.1.2 Annual Permit Records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The Director shall have access to such records at all times or such records shall be filed with the official as designated.
105.2 Work Exempt from Permit. Exemptions from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of the City of New Orleans including Vieux Carré Commission and Historic District Landmarks Commission requirements. A building permit shall not be required for the following, unless in the opinion of the Director it involves hazardous or complex conditions which require permitting and inspection:
1. Less than 50% per exterior wall removal and replacement of deteriorated weather boards, aluminum, or vinyl siding. (Note: Sheathing replacement is not exempt from permitting requirements removal and replacement of deteriorated weather boards, aluminum, or vinyl siding. Plywood sheathing is considered to be a structural material for a structural permit, other materials that are used as a substrate for finishes are not considered structural).
2. Removal and replacement of deteriorated floorboards.
3. Removal and replacement of unenclosed and uncovered deteriorated porches and steps that are five feet or less in height above grade - front and rear and sides, when not in conflict with the Comprehensive Zoning Ordinance. Roofs over otherwise unenclosed porches along with their framing is not exempt from permitting.
4. Interior painting, papering and similar finish work.
5. Paving of yard when in compliance with the Comprehensive Zoning Ordinance.
6. Retaining walls which are not over three ft. in height.
7. Exterior painting when not requiring protective scaffolding over public property or lead-based paint removal.
8. Repairs to stucco when not requiring protective scaffolding over public property.
9. Replacement of less than 50% of the roofing and/or gutter work with respect to one and two family dwellings.
10. Fences up to seven ft. in height, when in compliance with the Comprehensive Zoning Ordinance.
11. Masonry walls up to three ft. in height from grade or structure, when used as a fence and when in compliance with the Comprehensive Zoning Ordinance.
12. Swings and other playground equipment accessory to detached one- and two-family dwellings.
13. Tents with an area less than 150 sq. ft. and not located in a Fire District, pursuant to Section 425 of this code and Section 3103 of the International Fire Code.
14. Uncovered decks, when part of a residential use, that do not exceed 200 sq. ft. in area and thirty in. high from grade at any point, that are not attached to a dwelling unit, and that do not serve as an exit door.
15. Replacement of cabinets and countertops when it does not also include replacement of plumbing fixtures or any fixed equipment.
The above exemptions supersede the exemptions listed in the unamended Code and are in addition to any works listed as exempt in the IRC or IBC, unless deemed applicable by the Department of Safety and Permits.
Exemption from permit requirements does not imply that these items are exempt from code requirements and still may require permitting from the HDLC or VCC.
Electrical: Repairs and Maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Radio and Television Transmitting Stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions but do apply to equipment and wiring for power supply, and the installations of towers and antennas.
Temporary Testing Systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part which does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.
105.2.1 Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Director.
105.2.2 Repairs. Application or notice to the Director is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
105.2.3 Public Service Agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.
105.3 Application for Permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of Safety and Permit for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Adequately describe the land on which the proposed work is to be done (legal description, street address or similar description that will readily identify and definitely locate the proposed building or work).
3. Provide the address of the owner, if different from the land on which the proposed work is to be done.
4. Indicate the use and occupancy for which the proposed work is intended.
5. Be accompanied by construction documents and other information as required in Section 107.
6. State the fair-market valuation of the proposed work.
7. Be signed by the applicant, or the applicant's authorized agent.
8. Give such other data and information as required by the Director.
105.3.1 Action on Application. The Director shall conduct an initial review of an application for a permits and amendments thereto within 15 business days after filing. If the application is for a structural renovation, elevation, or new construction permit, the Director may extend the initial review period up to an additional 15 days, provided that the Director notifies the applicant in writing prior to the expiration of the initial review period and identifies in such notice which aspects of the proposed work require the extended review period. If the application or the construction documents do not conform to the requirements of pertinent laws, the Director shall reject such application in writing, stating the reasons therefor. If the Director is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Director shall issue a permit therefor as soon as practicable.
105.3.1.1 Action on Application by Other Departments. When an application for a permit requires review by any department or agency other than the Department of Safety and Permits, including, but not limited to, the Sewerage and Water Board and Department of Public Works, "except for the City Planning Commission, Historic District Landmarks Commission, Central Business District Landmarks Commission, and Vieux Carre Commission," and such review is not complete within 15 days of the filing of the application, the Director shall not delay issuance of a permit under this code but shall identify on the permit the other department or agency approval required but not received at the time of issuance.
Notwithstanding the foregoing, the applicant shall not proceed with any part of the proposed work that is dependent on final approval of the other department or agency until such approval is provided.
105.3.2 Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Director is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
105.4 Validity of Permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code, the Comprehensive Zoning Ordinance, or any other ordinance of the City of New Orleans. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. The Director is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.
105.5 Expiration. A permit becomes invalid unless the work authorized by the permit is commenced within 180 days after its issuance, or if the work authorized on the permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Director is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
105.6 Suspension or Revocation. The Director is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or any false statement or misrepresentation, or in violation of any ordinance or regulation or any of the provisions of this code.
105.7 Placement of Permit. The building permit or copy shall be displayed on the site of the work until the completion of the project.
SECTION 106 - FLOOR AND ROOF DESIGN LOADS
106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.
106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed.
106.3 Restrictions on loadings. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code.
SECTION 107 - SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. Submittal construction documents shall be prepared by or under the direct supervision of a Louisiana Registered Architect or a Louisiana Registered Civil Engineer, within the purview of the State of Louisiana licensing law provisions and said construction documents shall be imprinted with his/her seal designating him/her as the professional of record. Construction documents involving mechanical, gas and electrical installations except as follows, shall be prepared by or under the direct supervision of a Louisiana Registered Mechanical or Electrical Engineer, as applicable, or by a Louisiana Registered Architect as permitted by Louisiana state law, within the purview of the State of Louisiana licensing law provisions, and said drawings and specifications shall be imprinted with his/her seal designating, him/her as the professional of record and further, said drawings are to be submitted at the time of application for building permits. Where special conditions exist, the Director is authorized to require additional construction documents to be prepared by a registered design professional. The Director may waive the requirements of construction documents, if he/she finds that the nature of the work applied for is such that construction documents are not necessary to obtain compliance with the adopted codes.
Exceptions:
1. The submission of construction documents involving mechanical, gas and electrical installations is not necessary when the electrical work does not exceed $35,000 or when the mechanical work does not exceed $35,000, in the opinion of the Director.
2. The submission of construction documents involving mechanical, gas and electrical installations is not necessary for the construction and or the repair work for one and two family dwellings.
3. The submission of construction documents for accessory structures up to 200 sq. ft. in area and up to 30 in. high from grade.
4. The submission of construction documents for uncovered decks up to 600 sq. ft. in area and up to 30 in. high from grade.
The Director may also waive the submission of construction documents if he/she finds that the nature of the work applied for is such that reviewing of construction is not necessary to obtain compliance with this Code. Where there are unusual conditions because of type of occupancy or type of construction, the Director may depart from the limitations set forth above and require submission of construction documents.
107.2 Construction documents. Construction documents shall be in accordance with Section 107.2.1 through 107.2.5.
107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Submission via electronic media is required for all applications for permit. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Director.
107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of this Code.
107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around opens. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.
107.2.5 Site plan. Construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Director authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. and Chapter 78 of this Code.
107.2.6 Structural information. The construction documents shall provide the information specified in Section 1603.
107.3 Examination of documents. The Director shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.
107.3.1 Approval of construction documents. When the Director issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the Director. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Director or a duly authorized representative.
107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
107.3.3 Phase Approval. At the discretion of the Director, the Department may issue a limited release to perform some limited, specified scope of work prior to the building permit being issued.
This limited release will state with specificity the limits of the work authorized to be performed thereunder. The Director will require applicants to submit related documentation, including but not limited to overall building plans, in order to receive a limited release to perform a portion of the work. Final construction documents must be provided for the scope of work requested to be released.
A phase release to perform work is not a building permit. The recipient of a limited release must agree to indemnify and hold harmless the City of New Orleans from any consequences resulting from performing any work prior to the issuance of a final building permit. All building permits and plan review fees are due at the time of the issuance of the phase release to perform work. A copy of the phase release to perform work must be displayed in accordance with Section 107.3.3 herein.
107.3.4 Revision of approved construction documents. It shall be unlawful to erase, materially alter or modify any lines, figures, letters, words or coloring contained in the construction documents stamped by the Director. If during the progress of the execution of such work it is desired to deviate in any manner affecting the construction or other essentials of the building from the terms of the applications plans, or specifications or statement of cost of work, notice of such intention to alter or deviate shall be given in writing to the Director, and his written assent shall be obtained before such alterations or deviations may be made. If such change or deviation affects structural design, exit arrangement, occupancy change, etc., then new construction documents thereof shall be submitted to the Director for approval, and, if necessary, an additional permit shall be secured. Failure to obtain approval as required herein shall be a violation of this Code.
107.3.5. Design professional in responsible charge. When it is required that documents be prepared by a registered design professional, the Director shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. The Director shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phase and deferred submittal items, for compatibility with the design of the building.
107.3.5.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Director within a specified period.
107.4 Third-Party Building Plan Review. Third-party building plan review service providers, as provided herein, may perform certain building plan reviews which may be accepted by the City of New Orleans through the Director of the Department of Safety and Permits, pursuant to La. R.S. 40:1730.24. The Director may accept reports of approved certified third-party plan review providers in accordance with the following regulations, provided that all plan reviews be in compliance with all state and local laws and rules, including but not limited to the Comprehensive Zoning Ordinance (CZO):
(1) Registration Required
a. Any company or individual wishing to act as a third-party building plan review provider in the City of New Orleans must first file a registration application with the Department on a form provided for that purpose. The Director shall not accept third-party building plan review reports from any company or individual not first registered with the Department or that are in violation of any of the requirements contained herein. All companies providing plan review services and all individuals performing plan reviews services, either independently or on behalf of a registered company must register with the Department separately, and must comply with the following registration requirements:
i. Any company or individual must be registered with the Louisiana State Uniform Construction Code Council, to be evidenced by State registration number at the time of registration and/or renewal.
ii. Any company or individual may only be registered in the field(s) in which they are certified by the International Code Council, to be evidenced by submission of ICC certification at the time of registration and/or renewal.
iii. No company or individual may perform third-party building plan reviews on buildings or structures in which they have any direct or indirect financial or professional interest. Companies and individuals must disclose all parties with a legal, financial, or beneficial interest at the time of registration and/or renewal.
iv. Any company or individual must disclose any and all relationships, including but not limited to: direct or indirect financial interests, employer/employee, sub-contractor, advisor, consultant, or referrals of any kind with any current City of New Orleans employee. "City of New Orleans employee" includes any city officer, full-time or part-time employee, department, agency, board, commission, and public benefit corporation.
v. Any company or individual must hold a valid Occupational License or Registration from the Department of Finance, in compliance with Chapters 30 and 150 of the City Code, to be evidenced by submission of such license or registration at the time of registration and/or renewal.
vi. Any company or individual must be insured and shall furnish proof of commercial general liability insurance of not less than $500,000 and shall name the City of New Orleans as an additional insured party, to be evidenced by submission of certificate of insurance at the time of registration and/or renewal.
vii. Any company or individual holding a Louisiana license as a building, residential or Home Improvement contractor is prohibited from registering as a third-party building plan review provider.
viii. Any company or individual holding a New Orleans electrical or mechanical license is prohibited from registering as a third-party building plan review service provider.
ix. The Director shall have the authority to accept or deny the credentials of any third-party building plan review provider both at the time of registration or any time thereafter.
x. Employees of the Department of Safety and Permits are prohibited from acting as third-party building plan review providers, pursuant to La. R.S. § 42:1111, which prohibits public employees from receiving payment for any service substantially similar to standard job responsibilities.
b. Registration Fees and Term of Registration
i. To obtain an initial registration or renew a registration, applicants shall pay the applicable fee:
1. New Registration (Company or Individual): $200.00
2. Renewal (Company or Individual): $75.00
3. Delinquent Fee: $30.00 per month, or portion thereof past expiration date, in addition to the renewal fee.
c. Individual registration shall expire on the registrant's date of birth; company registration shall expire on the anniversary date of registration.
d. New registration applications may be submitted at any time; renewals may be submitted not more than 30-days prior to registration expiration.
e. Any registration not renewed prior to expiration is considered invalid and inspection reports will not be accepted.
f. Any registration not timely renewed shall terminate. Subsequent re-registration will be considered a new registration.
(2) Plan Review Documentation from Third-Party Building Plan Review Service Providers
a. Third-party building plan review providers shall submit written reports to the Director in the form and manner to be established by the Department.
i. All written reports must contain:
1. A building plan review form developed for such purpose and provided by the Department and completed and stamped by the third-party building plan review service provider. The form must clearly indicate the name, affiliation, and registration number of the third-party building plan review service provider; and the name and contact information for the design professional responsible for the building plans being reviewed.
2. The report shall include detailed references to building plan as submitted with the permit application.
(3) Third-Party Building Plan Review Services Not Authorized to Use City Insignia
a. Third-party building plan review service providers shall not produce, develop, purchase, utilize, or secure any sticker, form, or report which bears the Seal of the City of New Orleans, the words "City of New Orleans" or "Department of Safety and Permits," or any variation thereof, or any other symbol or image which implies, infers, or states that the third-party building plan review service provider is acting on behalf of the City of New Orleans or any department, agency, or administrative entity thereof.
i. Failure to abide by this Section shall be due cause for immediate revocation of third-party registration.
(4) Authority of the Department of Safety and Permits
a. The Director shall randomly conduct audits of third-party building plan reviews to verify the accuracy and reliability of third-party building plan review service providers.
i. Upon receipt of a request or complaint, or as otherwise determined by the Director the Director shall review specific building plans previously reviewed by a third-party provider.
ii. A third-party provider whose plan reviews failed an audit three times may have their registration to provide plan reviews revoked.
b. If the Department denied a permit following its review of the building plan, any report from a third-party building plan review service provider on the same project will not be accepted unless there is specific documentation included detailing correction of the issues resulting in the original denial.
c. In the event that the Department of Safety and Permits and a third-party building plan review service provider disagree on requirements of the relevant Code provisions, the final determination of requirements shall be made by the Director in his/her capacity as the Code-designated authority for rendering of interpretations in compliance with the intent and purpose of this Code, pursuant to the Home Rule Charter.
d. The Director may, at any time, invalidate third-party building plan review service provider registration if said service provider violates the procedures herein regulating their interaction with the City. The Department shall provide written reasons for the invalidation to the provider.
SECTION 108 - TEMPORARY STRUCTURES AND USES
108.1 General. The Director is authorized to issue a permit for temporary structures and temporary uses as determined by the Director. Such permit shall be limited as to time of service, but shall not be permitted for more than 180 days. The Director is authorized to grant extensions for demonstrated cause.
108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.
108.3 Temporary power. The Director is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70.
108.4. Termination of approval. The Director is authorized to terminate such permit in NFPA 70 for a temporary structure or use and to order the temporary structure or use to be discontinued.
SECTION 109 - FEES
109.1 PAYMENT OF FEES. A permit is not valid until the fees prescribed by law are paid. An amendment to a permit will not be released until the additional fee, if any, has been paid.
109.2 Work commencing before permit issuance. Any person who commences any work on a building or a structure before obtaining the necessary building permit shall be subject to a fee of 200% of all fees in addition to the required permit fee. Where work for which a permit is required by this code is commenced after an application is made to obtain a building permit but prior to the review and approval of such permit, such work shall be subject to fee of 100% of all fees in addition to the required permit fees. The fee for commencing demolition shall not be more than the replacement value of the structure or the demolished portion thereof as determined by the provisions of Section 109.4.
109.3 Accounting. The Director is to collect fees for certificates and permits and shall give receipts for same; he shall deposit daily all sums collected under this Code to the Bureau of the Treasury, to the account of the General Fund, except guarantee deposit fees shall be kept in a separate account by the Director of Finance.
The Director shall keep a permanent, accurate account of all fees and other monies collected and received under this Code.
109.4 Building permit valuations. The applicant for a permit shall provide a construction contract indicating the fair market value of the permitted construction's value at time of application. Permit valuations shall be based on the fair market value of the work and include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. The Director shall be prohibited from requiring a contract to specify contractor overhead and/or profit. If, in the opinion of the Director, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Director. Final building permit valuation shall be set by the Director.
109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
109.6 Schedule of Permit Fees. On all buildings, structures or alterations requiring a building permit, a fee for each building permit shall be paid as required at the time of filing application, in accordance with the following schedule:
1. Permit fees for all work requiring permits, except for removal or demolition. These fees include the certificate of use and occupancy (with or without plans). $60.00 plus $5.00 per $1,000.00 or fraction thereof of construction value.
2. When plans are required and filed with an application for a building permit, the Department of Safety and Permits shall collect a plan checking fee of $120.00 or one-tenth of 1% for the total valuation of all construction work, whichever is greater, before acceptance of the submitted application. Total valuation shall be the same as that used in determining building permit fees. These fees are nonrefundable.
3. When plans are submitted for a re-review process, the Department of Safety and Permits shall collect a re-review plan checking fee. The amount of the fee shall be determined as one-twentieth of one percent for the total valuation of all construction work. The total valuation shall be the same as used in determining building permit fees. There shall be a minimum fee of $45.00 and a maximum of $5,000.00 per application for re-review.
4. Permit fees for removal or demolition shall be as follows:
a. $95.00 plus $5.00 for each $1,000.00 of demolition cost.
5. An extra inspection or wasted trip fee of $50.00 shall be incurred for each inspection called for by the owner or the owner's representative when, in the opinion of the Director, the work to be inspected is incomplete and/or not suitable for inspection. This charge is for any and all extra inspections made necessary as a result of blatantly incomplete work, inaccessibility to perform the inspection or for alterations to work previously accepted. This fee is in addition to any regular required permit fees.
6. A fee of $60.00 for each residential unit or phase and $125.00 for each commercial unit or phase shall be incurred to process the request for a Temporary Certificate of Occupancy.
7. On all buildings, structures, or alterations which fall within the Vieux Carré, as defined in Section 65-6 of the Code of the City of New Orleans, and which require a permit from the Vieux Carré Commission in addition to requiring a building permit under this Code, an additional 50 percent surcharge is added to the permit fee and the plan checking fee as enumerated in subsections 1, 2 and 3 of Section 108.6. above.
8. On all buildings, structures, or alterations which fall within an officially designated Historic District, or any officially designated landmark, or which otherwise may require Historic District Landmarks Commission staff review, an additional 50 percent surcharge is added to the permit fee and the plan checking fee as enumerated in subsections 1, 2, and 3 of this Section.
9. Review Fee. The cost to implement the stormwater management plans should be included in the total valuation of all construction work, and thus would be included in the current structure for calculating building permit fees.
109.7 Refunds. Subject to the discretion of the Director of Safety and Permits, the applicant for a permit or holder of a permit shall not be entitled to a refund of any fee paid.
SECTION 110 - INSPECTIONS
110.1 General. Construction or work for which a permit is required is subject to inspection by the Director and the construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the city shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Director nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
110.2 Preliminary inspection. Before issuing a permit, the Director is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
110.3 Required inspections. The Director, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.9.
110.3.1 Footing or foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
110.3.2 Concrete slab or under-floor inspection. Concrete slab and under-floor inspections shall be make after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
110.3.3 Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 120 shall be submitted the Director.
110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
110.3.5 Lath or gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire-resistive assembly or a shear assembly.
110.3.6 Fire-and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
110.3.7 Other inspections. In addition to the inspections specified above, the Director is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the Department of Safety & Permits.
110.3.8 Special inspections. For special inspections, see Chapter 17 of this Code.
110.3.9. Final inspection. The final inspection shall be made after all work required by the building permit is completed.
110.3.9.1 Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.5 of this Code shall be submitted to the Director prior to the final inspection. All improvements and documentation shall be in compliance with Chapter 78 of this Code.
110.10 Inspection agencies. Third-party inspection services, as provided herein, may perform certain construction inspections which may be accepted by the City of New Orleans through the Director of Safety and Permits. The Director may accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability, and in accordance with the following regulations:
(1) Registration Required
a. Any company or individual wishing to act as a third-party inspection service provider in the City of New Orleans must first file a registration application with the Director on a form provided for that purpose. Inspection reports will not be accepted from any company or individual not first registered with the Department or that may be in violation of any of the requirements contained herein. Separate registration is required for all companies providing inspection services and all individuals performing inspections, either independently or on behalf of a registered company.
i. Any company or individual must be registered with the Louisiana State Uniform Construction Code Council, to be evidenced by State registration number at the time of registration and/or renewal.
ii. Any company or individual may only be registered in the field(s) in which they are certified by the International Code Council, to be evidenced by submission of ICC certification at the time of registration and/or renewal.
iii. No company or individual may perform inspections on buildings or structures in which they have any direct or indirect financial or professional interest. Companies and individuals must disclose all parties with a legal, financial, or beneficial interest at the time of registration and/or renewal.
iv. Any company or individual must disclose any and all relationships, including but not limited to: direct or indirect financial interests, employer/employee, sub-contractor, advisor, consultant, or referrals of any kind with any current City of New Orleans employee. City of New Orleans employee includes any city officer, employee, department, agency, board, commission, and public benefit corporation.
v. Any company or individual must hold a valid Occupational License or Registration from the Department of Finance, in compliance with Chapters 30 and 150 of the City Code, to be evidenced by submission of such license or registration at the time of registration and/or renewal.
vi. Any company or individual must be insured and shall furnish proof of commercial general liability insurance of not less than $500,000 and shall name the City of New Orleans as an additional insured party, to be evidenced by submission of certificate of insurance at the time of registration and/or renewal.
vii. Any company or individual holding a Louisiana license as a building, residential or Home Improvement contractor is prohibited from registering as a third-party inspection service provider.
viii. Any company or individual holding a New Orleans electrical or mechanical license is prohibited from registering as a third-party inspection service provider.
ix. The Director shall have the authority to accept or deny the credentials of any third-party inspection service provider both at the time of registration or any time thereafter.
x. Employees of the Department of Safety and Permits are prohibited from acting as third-party inspection service providers, pursuant to La. R.S. § 42:1111, which prohibits public employees from receiving payment for any service substantially similar to standard job responsibilities.
b. Registration Fees and Term of Registration
i. To obtain an initial registration or renew a registration, applicants shall pay the applicable fee:
1. New Registration (Company or Individual): $200.00
2. Renewal (Company or Individual): $75.00
3. Delinquent Fee: $30.00 per month, or portion thereof past expiration date, in addition to the renewal fee.
c. Individual registration shall expire on the registrant's date of birth; corporate registration shall expire on the anniversary date of registration.
d. New registration applications may be submitted at any time; renewals may be submitted not more than 30-days prior to registration expiration.
e. Any registration not renewed prior to expiration is considered invalid and inspection reports will not be accepted.
f. Any third-party inspection service provider registration not timely renewed shall terminate. Subsequent re-registration will be considered a new registration.
(2) Inspection Documentation from Third-Party Inspection Service Providers
a. Third-party inspection service providers are required to submit written inspection reports to the Director in form and manner to be established by the Department.
i. All written reports must contain:
1. An inspection pass/fail form, in a form provided by the City and made available for that purpose. This form must clearly indicate the name, affiliation, and registration number of the third-party inspection service provider; and the name and contact information for the contractor responsible for the work being inspected.
2. All inspection reports are required to include photographic documentation of the observed conditions.
ii. Reports and photographs may be submitted electronically if deemed appropriate by the Director.
b. Survey Requirements
i. No footings or foundations may be poured for new construction or additions to existing structures until:
1. A survey, indicating the setbacks of the proposed structure from all property lines, is submitted to the Zoning Administration Division.
2. The Zoning Administration Division reviews the setbacks for compliance with the standards of the Comprehensive Zoning Ordinance and for conformity with the submitted and approved plans.
3. The submitted survey has been stamped to indicate approval or denial of the setbacks.
ii. Foundation inspections are not considered "passed" until these requirements are met.
iii. For elevation of existing structures, the survey requirements (above) are required to be met prior to the issuance of a Certificate of Completion. An inspection may not be indicated as "passed" until such time as these requirements are met.
(3) Third-Party Inspection Services Not Authorized to Use City Insignia
a. Third party inspection service providers are not authorized to produce, develop, purchase, utilize, or secure any sticker, form, or inspection report which bears the Seal of the City of New Orleans, the words "City of New Orleans" or "Department of Safety and Permits," or any variation thereof, or any other symbol or image which implies, infers, or states that the third-party inspection service provider is acting on behalf of the City of New Orleans or any department, agency, or administrative entity thereof.
i. Failure to abide by this Section will be considered due cause for immediate revocation of third party registration.
b. Any publicly posted documentation of inspection results (i.e. pass/fail stickers, etc.) must be approved for content and form by the Department.
i. The name of the company or individual providing third-party inspection services must be clearly discernible on any documentation so utilized.
(4) Authority of the Department of Safety and Permits
a. The Director retains the right and responsibility for conducting third party audit inspections to verify the accuracy and reliability of third party inspection providers.
i. Third party audit inspections will be randomly conducted; however, the Director has the authority to cause inspection of specific properties where third party inspections have been performed upon receipt of a request or complaint, or as otherwise determined by the Director at his discretion.
b. Where a property has been previously inspected by the Department of Safety and Permits and such inspection has resulted in a "fail," a subsequent inspection by a third party inspection provider will not be accepted unless there is specific documentation included detailing correction of the original conditions.
c. In the event that the Department of Safety and Permits and a third party inspection service provider disagrees on requirements of the relevant code, the final determination of requirements shall be made by the Director in his capacity as the Code-designated authority for rendering of interpretations in compliance with the intent and purpose of this Code, pursuant to the Home Rule Charter.
d. The Director may, at any time, invalidate third-party inspection service provider registration if said third-party inspection service provider violates the procedures herein regulating their interaction with the City.
110.11 Roofing and Reroofing Inspections. The submission of verified geotagged photographic documentation or video of all phases of roofing or re-roofing processes that require a permit is allowable in lieu of an in-person inspection.
110.12 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Director when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections that are required by this code.
110.13 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Director. The Director, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Director.
110.14 Existing Building Inspections. Before issuing a permit the Director may examine or cause to be examined any building for which an application has been received for a permit to enlarge, alter, repair, move, demolish, or change the occupancy. He/she shall inspect all buildings and structures, from time to time, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all violations of this Code.
SECTION 111 - CERTIFICATE OF OCCUPANCY
111.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Director has issued a certificate of occupancy. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the city.
111.2 Change in use. Changes in the character or use of an existing structure shall not be made except as specified in the International Existing Building Code.
111.2.1 Alterations. Any building or structure which is enlarged, altered, raised, repaired, or built upon to an extent exceeding an expenditure of 50% of the replacement value after alterations, shall be made to comply in its entirety with the requirements for a new building or structure. Where the expenditures are less than 50% of the said replacement value, only portions added, altered, or replaced need be made to conform. Replacement value shall be determined by the Director, as provided in Section 109.4 of this Code.
111.3 Issuing Certificate of Occupancy. Only after the final inspection, upon completion of a building erected in accordance with this Code, approved building plan(s), permit(s), and any other applicable ordinance, shall the Director issue a certificate of occupancy stating the nature of the occupancy permitted.
111.4 Temporary occupancy. The Director is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Director shall set a time period during which the temporary certificate of occupancy is valid.
111.4.1 Rapid Temporary Certificate of Occupancy (RTCO). The Director shall issue a Rapid Temporary Certificate of Occupancy valid for a period not exceeding 60 days for work that includes only interior non-structural modifications that do not impact the structural integrity of the building and do not involve a change of use, or otherwise violate this code or any other laws or ordinances of the City of New Orleans.
1. The Director retains the authority to revoke the RTCO if it is determined that the changes adversely affect safety or otherwise violate this code or any other laws or ordinances of the City of New Orleans.
2. The work authorized under an RTCO shall be subject to a follow-up inspection within 10 days of the occupancy commencement to ensure ongoing compliance with safety standards.
3. The RTCO shall be automatically revoked if the completed work is inconsistent with the details provided in the application.
4. The applicant shall remain responsible for adhering to this code and any other applicable laws or ordinances of the City of New Orleans and the State of Louisiana during the temporary occupancy period. Non-compliance may result in penalties or revocation of the RTCO.
111.5 Revocation. The Director is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
111.6 Existing Building Certificate of Occupancy. A certificate of occupancy for any existing building may be obtained by applying to the Director and supplying the information and data necessary to determine compliance with this Code for the occupancy intended. Where necessary, in the opinion of the Director, two sets of detailed drawings, or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of this Code for such occupancy, a certificate of occupancy may be issued.
SECTION 112 - SERVICE UTILITIES
112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the Director.
112.2 Temporary connection. The Director shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
112.3 Authority to disconnect service utilities. The Director shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The Director shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
SECTION 113 - BOARD OF BUILDING STANDARDS AND APPEALS
113.1 General. The Director has the authority and it is his duty, subject to the provisions of law and of this Code, to pass upon a question relative to the mode, manner of construction or materials to be used in the erection or alteration of any building or other structure erected or to be erected within the City of New Orleans, which is affected by the provisions of this Code, or of any existing law applicable to the City of New Orleans and relating to the design, construction, alteration, maintenance, repair, and removal of buildings or other structures therein, and to require that such design, mode, manner of construction, or materials shall conform to the true intent and meaning of the several provisions of this Code. If the Director, rejects or refuses to issue a building permit, or to approve the design, mode, manner of construction or materials proposed to be followed or used in the erection and alteration of any such building or structure, or when it is claimed that the rulings of the Director or the provisions of this Code do not apply, or that a more desirable and equally safe form of construction, from the owner's point of view can be employed in a specific case, or whenever the owner of a building or structure shall object to any decision given by the Director, relative to the extent of damage sustained by any building or structure, by fire or otherwise, or to the extent or value of repairs, alterations or improvements of any existing building or replacement value thereof, the owner of the building may appeal from the decision of the Director to the Board of Building Standards and Appeals.
113.2 Appointment. There shall be in the City of New Orleans a Board to be called "Board of Building Standards and Appeals" hereinafter referred to as the "Board". The Board shall consist of five members to be appointed by the Mayor, one member to be a Louisiana State Registered Architect, one member to be a Louisiana State Registered Civil Engineer, one member to be a Louisiana State Licensed General Contractor, one member to be a Louisiana State Registered Mechanical or Electrical Engineer, and one member to be an engineer experienced in fire protection.
113.3 Terms of Office. The term of office shall be five (5) years each, but each member shall serve until his successor is appointed and qualified. Said terms shall terminate on June 30 of the respective year. Any member may be removed by the Mayor, with approval of the Council, for malfeasance, incapacity or neglect of duty. Each member shall comply with the provisions of the Louisiana State Code of Ethics.
113.4 Board Officers and Quorum. Each member shall take an oath of office in a form prescribed by the City Attorney, and the Board shall elect one of its members as Chairman and one as Vice-Chairman. The Board shall meet when called by the Chairman to consider appeals which meeting shall be considered a regular meeting; or by the Director of the Department of Safety and Permits for the transaction of such business as he may designate, which shall not be held more often than twice in each month of each year. No appeal shall be considered at a meeting of the Board unless it is submitted at least nine working days prior to the date of the meeting. The Board shall meet when notified by the Director for the purpose of recommending appropriate changes in this code and then refer the same to the City Council for consideration and action. A majority of the existing membership of a board shall constitute a quorum. All actions taken by boards shall require the affirmative vote of the majority of the existing members thereof, provided that regulations may be adopted only upon the affirmative vote of two-thirds of the existing members thereof.
113.5 Legal Advisor. The City Attorney is the legal advisor to the Board.
113.6 Fees. Application for an appeal shall be accompanied by a check payable to the "City of New Orleans" for fees as follows:
1 and 2 family dwelling .....$200.00
All others .....$800.00
Townhouses, each .....$200.00
(Not to exceed $600.00)
Rehearing .....$200.00
Special Board Meeting .....$1600.00
In cases when an application for a waiver is made AFTER THE FACT, the application fee for retention shall be tripled.
113.7 Duties and Powers. It shall be the duty of the Board:
1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Director in the enforcement of this Code.
2. To hear and decide all matters referred to it or upon which it is required to pass under this Code.
3. To pass upon appeals where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Code, to vary or modify the application of any of the regulations or provisions of such sections relating to the construction or alteration of buildings or structures so that the spirit of this Code shall be observed, public safety and welfare secured and substantial justice done.
4. To interpret the intent or meaning of this Code for the advice of the Director. In exercising the above-mentioned powers, the Board may reverse or affirm wholly or in part, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Director from whom the appeal is taken. The concurring vote of three members of the Board shall be necessary to recall any requirement, decision or determination of the Director, or to decide in favor of the applicant on any matters on which it is required to pass under this Code, or to effect any variation in this Code.
113.8 Amendments. All technical amendments to this Code shall first be reviewed by the Board of Building Standards and Appeals, and shall be accompanied by its recommendation prior to consideration by the City Council.
113.9 Rehearing. In cases when the Board rules against an application, and the applicant subsequently elects to modify his/her original building plan and submit the modified plan to the Board for rehearing, the applicant must pay a rehearing fee of $200.00 to the Department of Safety & Permits, which shall be deposited in the City's General Fund.
113.10 Actions. All cases in which application for appeals have been filed with the Board shall be heard, and the Board shall inform the Director of its decisions, stating the waivers or denials granted and conditions, if any, as they may require in each action. The decisions shall specify the variations allowed and the reason therefore, and shall be filed in the office of the Director within 30 days of the public hearing. When building conditions are very unusual, requiring site visit, research and the like, the Director may grant a reasonable extension of time. Failure to file the decision shall not delay issuance of permits in accordance with a favorable vote so long as conditions attached to the permits are in accord with the action of the Board. Copies of the decision shall be sent to the applicant and all parties involved in the appeal. If the order or refusal of the Director is affirmed, the order or refusal shall have full force and effect. If the order or refusal is modified or annulled, the Director shall issue a permit in accordance with the decision.
113.11 Appeal to Courts. A person, or any officer, department, commission, board, bureau, or any other agency of the City of New Orleans jointly or singularly aggrieved by a decision of the Board of Building Standards and Appeals may present to the Civil District Court of the Parish of Orleans, within thirty (30) days after filing of the decision in the office of the Board, a writ of certiorari asking for such relief and under such rules and regulations as are provided for such matters in appropriate legislation of the State of Louisiana.
SECTION 114 - VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
114.2 Notice of violation. The Director is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. The order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Director is authorized to seek an administrative adjudication for any violation as provided in Chapter 6 of the Code of the City of New Orleans, or request the City Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
114.4 Violation penalties. A person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Director, or of a permit or certificate issued under the provisions of this code, is subject to penalties as prescribed by law. If necessary, the Director may request for penalties that include the disconnection of utilities or the cancellation of a certificate of occupancy until all required repairs are completed.
SECTION 115 - STOP WORK ORDER
115.1 Authority. The Director is authorized to issue a stop work order whenever he finds any work regulated by this code being performed in a manner contrary to the provisions of this code, any permit issued pursuant to this code, or in a dangerous or unsafe manner.
115.2 Issuance. The stop work order shall be in writing and shall be posted in a conspicuous location on the property. Upon issuance of a stop work order, the cited work shall immediately cease. When an emergency exists, the Director shall not be required to give a written notice prior to stopping the work.
115.3 Unlawful continuance. A person, who continues any work after having been served with a stop work order, except the work that person is directed to perform to remove a violation or unsafe condition, is subject to penalties as prescribed by law.
SECTION 116 - STREET ADDRESS
When issuing building permits, the Director shall designate thereon the street number that the building when completed will bear. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. Addresses shall be assigned by the Director, pursuant to adopted administrative regulations.
SECTION 117 - ZONING RESTRICTIONS
The provisions of the Comprehensive Zoning Ordinance of the City of New Orleans shall not be deemed to be modified by any provision of this Code. The provisions of the Comprehensive Zoning Ordinance shall be controlling, except that whenever this Code imposes greater restrictions by reason of the type of construction used, the provisions of this Code shall control.
SECTION 118 - FIRE PREVENTION
The provisions of the Fire Prevention Ordinance shall not be deemed to be modified by any provisions of this Code except that wherever the requirements of this Code are more restrictive, the requirements of this Code shall apply.
SECTION 119 - MINIMUM HOUSING RESTRICTIONS
The provisions of Chapter 26 of the City Code "Housing Standards - Minimum Housing Standards Code", as amended, shall not limit, restrict, contravene, or vitiate the provisions of this Code as adopted herein or hereafter amended. Wherever there is a conflict between the Minimum Housing Standards and the Building Code, the more restrictive provisions shall be enforced.
SECTION 120 - LOT FILL OR LOT GRADE
120.1 General. It is unlawful to place fill on a lot or site or part thereof or grade a lot or site in a manner that allows runoff to drain onto abutting lots or sites. The requirement for prevention of water runoff to abutting sites or lots may be met by use of a retaining wall. Lots or sites shall generally be graded to drain the water toward the street(s) side(s) of the lot or site. Any retaining walls installed pursuant to the provisions of this section shall be constructed of concrete.
120.2 Notarized certificate. Prior to issuance of a Certificate of Occupancy by the Department of Safety and Permits, the applicant shall present a notarized certificate signed by the owner stipulating that all filling, grading and sidewalk and driveway installations have met the requirements of the applicable sections of the Code of the City of New Orleans. Compliance with all filling, grading and sidewalk and driveway installation requirements shall be completed before final inspection by the Department of Safety and Permits.
120.2.1 Slab Foundations Certificate. The Department of Safety and Permits shall inscribe on the building permit the minimum floor elevation in accordance with the Federal Flood Insurance Rate Map and Chapter 78 of the Code of the City of New Orleans. In addition, the top of the slab shall not be less than 18 inches above the highest point of the curb in front of the lot or site. The builder shall obtain from a Land Surveyor or Civil Engineer, licensed in the State of Louisiana, a Certificate of Construction Bench Mark describing a mark of known elevation of the slab. Also, the Certificate of Construction Bench Mark must contain the elevations in the four corners of the lot. This certificate shall be furnished to the Department of Safety and Permits at the time of the building permit application. Before framing begins, a Certificate of Slab Elevation shall be submitted by the applicant to the Department of Safety and Permits. This certificate shall contain as built minimum sill height or floor elevation and shall be signed by a Civil Engineer or Land Surveyor, licensed in the State of Louisiana. If the slab is built below the stipulated elevation, the Director is empowered to order the removal or correction of said floor and the Department of the Director is empowered to cancel the building permit.
120.2.2 Pier or Chain Wall Foundation Certificate. The Department of Safety and Permits shall inscribe on the building permit the minimum floor elevation in accordance with the Federal Flood Insurance Rate Map and Chapter 78 of the Code of the City of New Orleans. In addition, the top of the finished lowest habitable floor shall not be less than 18 inches above the highest point of the curb in front of the lot or site. All construction below the Base Flood Elevation shall be of flood-resistant materials. Furthermore, the underside of a raised structure shall have a minimum of 18 inches from the underside of the sill to the ground beneath the entire structure. The builder shall obtain from a Land Surveyor or Civil Engineer, licensed in the State of Louisiana, a Certificate of Construction Bench Mark describing a mark of known elevation in immediate proximity to the property. This will be used in establishing the elevation of the piers or chain wall. This Certificate shall be furnished to the Department of Safety and Permits at the time of building permit application. Before framing begins, a Certificate of Floor Elevation shall be submitted by the applicant to the Department of Safety and Permits. This certificate shall contain "as built" minimum sill height or floor elevation and shall be signed by a Civil Engineer or Land Surveyor, licensed in the State of Louisiana. If the "as built" minimum floor elevation is built below the stipulated elevation, the Director is empowered to order the removal or correction of said floor and the Director is empowered to cancel the building permit.
120.3 Modifications. In the Central Business District (including the area known as the Vieux Carré), in built-up commercial areas and in areas where a satisfactory system of lot grades and building elevations already have been established, the Department of Safety and Permits may modify or vary the requirements of 120.2.1 and 120.2.2 provided the new construction in the above-mentioned areas shall always be equal to or above the average lower floor elevation in the particular block or area. However, the above modifications are allowed only in Flood Zone "X". In accordance with NFIP regulations at 44 CFR 60.3 and information in the NFIP Flood Plain Management Bulletin for Historic Structures (FEMA p-467-2), all Historic Structures shall be exempted from the substantial improvement and substantial damage requirements under the definition of "substantial improvement". To qualify for this exemption, the applicant shall provide an approval from the State Historic Preservation Office (SHPO) stating that the structure is and will continue to be a "Historic Structure" (including "contributing" to a historic district).
SECTION 121 - STORMWATER
121.1 General. These regulations shall be known as the Stormwater Code of the City of New Orleans.
121.2 Permit Required. No building, clearing, grubbing, grading, foundation, or other land development permits shall be issued until all requirements of this Stormwater Code have been met.
121.3 Intent. The stormwater management requirements established by this Stormwater Code are intended to:
(a) Assist in the development of a resilient New Orleans by encouraging sustainable practices for site design, construction, and maintenance;
(b) Reduce urban runoff and mitigate the effect of new development, redevelopment, or infill development on the existing drainage system by ensuring the preservation of permeable surfaces and requiring the installation of stormwater control measures (SCMs) to slow surface flow of stormwater runoff and promote filtration, plant uptake, absorption, and infiltration into sub-soils to reduce subsidence rates;
(c) Improve the built environment in the city by incorporating design features that mimic natural processes, conserve natural areas, manage rainfall on site, and detain water;
(d) Leverage the benefits of rainwater through proper management;
(e) Manage water as a system with right-size solutions in an equitable manner;
(f) Encourage visible green infrastructure and minimize the use of subsurface engineering devices;
(g) Reduce and safely manage the use of pollutants and chemical-laden products;
(h) Diminish the heat island effect by limiting paving and increasing vegetated land cover, particularly trees;
(i) Improve education by increasing stormwater project visibility; and
(j) Increase flexibility in permissible design approaches to promote innovation in stormwater management.
121.4 Definitions. For purposes of this section, the following definition shall apply.
Best management practices (BMP): Devices, practices, or methods used to manage stormwater runoff on construction sites by controlling peak runoff rate, improving water quality, and managing runoff volume.
Bioretention: The process of collecting stormwater in a treatment area consisting of soil and plant materials to facilitate infiltration and filtration of pollutants through physical, chemical, and biological processes.
Bypass Volume: Any amount of stormwater that is not detained, retained, or filtered by the stormwater feature.
Construction Activity: Construction or demolition activity, clearing, grubbing, or excavation, or any other activity that may result in land disturbance.
Design Storm Event: A 10-year, 24-hour storm event.
Detention: Slowing, dampening, or attenuating runoff flows entering the storm drainage system by temporarily holding water in areas such as surface and subsurface green infrastructure, detention basins, reservoirs, on rooftops, or within the drainage system itself, and releasing the water at a desired rate of discharge.
Development: Any human-induced change to improved or unimproved property, including but not limited to, construction, installation, or expansion of a building or other structure; land division; drilling; and site alteration such as dredging, grubbing, grading, paving, excavating, filling, or clearing. Development includes both new development and the redevelopment, modification, or alteration of existing property, whether publicly or privately owned or managed.
Development Site: The land, whether publicly or privately owned, where any development activities are planned, conducted, or maintained. It includes contiguous areas of disturbance including across property lines, private streets and alleys, and other rights-of-way, regardless of individual parcel ownership, on any portion or part, or during any stage, of a larger common plan of development or sale.
Drainage Area: A catchment area formed by natural or man-made topography that drains to a given point.
Infiltration: The penetration and vertical movement of water through the earth's surface.
Municipal Separate Storm Sewer System ("MS4"): A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, separate from a sanitary sewer, that conveys runoff from individual parcels and public rights-of-way to storm drains, treatment facilities or receiving waters.
Off-Street Parking Space: The storage space for a motor vehicle on a lot, not including the parking lot drive aisle or parking spaces on streets, alleys, or rights-of-way.
Permeable Paving: A pavement system designed to allow vertical movement of stormwater through the pavement surface and into an aggregate base. Concrete bases and mortar are prohibited. Materials include, but are not limited to, pervious concrete, porous asphalt, aggregate if stabilized with a grid-system that prevents compaction and washout; and permeable pavement, such as open-jointed blocks, pavers, or bricks that provide void spaces between to allow stormwater infiltration.
Qualified Stormwater Manager: An individual responsible for implementing, maintaining, and revising the stormwater pollution prevention plan (SWPPP).
Siltation: Water pollution caused by particulate terrestrial clastic material, with a particle size dominated by silt or clay. It refers both to the increased concentration of suspended sediments and to the increased accumulation (temporary or permanent) of fine sediments on bottoms where they are undesirable.
Stormwater Runoff: Any part of precipitation that flows over the land during or following a rain event.
Stormwater: Water that originates as precipitation on a particular site, basin, or watershed.
Stormwater Control Measure (SCM): Any man-made or natural structure, system, landscape feature, channel, or improvement designed, constructed, installed, or used to detain, retain, infiltrate, filter, or otherwise control stormwater runoff quality, rate, or quantity. The term stormwater control measure is synonymous with the term green infrastructure.
121.5 Green Infrastructure Toolkit.
(a) The Green Infrastructure Toolkit is an online manual published by the Department of Safety and Permits that sets forth design criteria or other engineering and design information necessary to comply with the Stormwater Code, including stormwater and water quality calculations through the Stormwater Calculator, recommended plant materials, specifications and construction details needed to comply with the Stormwater Code.
(b) An applicant must use the Green Infrastructure Toolkit to complete the permit application for a development. All design calculations and other output from the toolkit must be submitted digitally with the application.
(c) The Department of Safety and Permits shall update the Green Infrastructure Toolkit at least every five years. The Director of the Department of Safety and Permits may delegate the responsibility of drafting and updating the Green Infrastructure Toolkit to another department or office of the City of New Orleans.
121.6 Requirements.
(a) An applicant must submit a stormwater management plan when the development site, viewed as a whole, satisfies any of the following circumstances, including during any period of construction:
(1) Development that increases the runoff rate above pre-construction runoff rate for the development site;
(2) When the development footprint encompasses one acre or more; or
(3) Any site where the current or intended principal use is stormwater management.
(b) The following types of developments are exempt from the requirements of this Stormwater Code:
(1) Single- and two-family dwellings, and any residential dwelling of four units or less, together with any accessory structures on a lot containing same.
(2) Interior renovations that do not change the runoff rate.
(3) Maintenance activities, such as top-layer grinding (grind and overlay), repaving when aggregates or gravels are not exposed, or reroofing when the structure or existing roof drainage is not altered.
121.7 Design Standards. Stormwater management plans must meet the following standards:
(a) The first 1.25 inches of rainfall from each drainage area on a development site shall be managed by detention or retention and by filtering and infiltrating stormwater on the same development site. The site may be entitled to a 10 percent bypass volume, provided that the total required volume is still managed, and fee-in-lieu payments are made on any bypass volume more than 10 percent of the standard runoff calculation;
(b) The post-development peak stormwater runoff rate from a development site shall not exceed the pre-development peak stormwater runoff rate from that development site for a design storm event; and
(c) The quality of the first 1.25 inches of stormwater leaving the site post-development shall be treated to meet the standards for pollutant reduction set forth in the Green Infrastructure Toolkit Stormwater Calculator. The rate of discharges shall not exceed the prohibitions outlined in Section 16.1 Rules Governing Discharges into the Public Storm Drain System MS4 of the Rules of the Sewerage and Water Board of New Orleans Governing Use of Sewerage, Water and Drainage Systems and Plumbing.
121.8 Design Requirements.
(a) Stormwater control measures (SCMs) must be designed in accordance with the latest version of the Green Infrastructure Toolkit. The Green Infrastructure Toolkit Stormwater Calculator must be used when designing the SCMs.
(b) Stormwater management plans must be supported by a combination of SCMs, in the following order of priority:
(1) Create conditions that promote detention, filtration, and infiltration of stormwater runoff on site using pervious paving, bioretention areas, green roofs, and other methods.
(2) Additional stormwater runoff that cannot be infiltrated is detained, stored, and filtered with stormwater control measures (SCMs).
(c) All stormwater control measures (SCMs) must be designed to provide an emergency overflow system and incorporate measures to provide a non-erosive velocity of flow along its length and at any outfall.
(d) All stormwater control measures (SCMs) must be designed to drain from a full condition within a maximum of 48 hours from the end of a rainfall event to prevent breeding of mosquitos and other waterborne pests.
121.9 Permeable Paving and Pervious Paving Materials.
(a) Except as otherwise required for persons with disabilities, all non-residential, surface-level, off-street uncovered parking spaces in the City shall be paved using permeable paving that complies with the criteria described below. This requirement applies to all new paving installations and to any development site with existing surface-level, off-street parking spaces. The removal of impermeable paving is not required for any existing parking space that is already subject to an approved, post-construction stormwater management plan that satisfies the requirements of section 121.16, below. To the extent practicable, permeable paving must be used in place of impervious paving materials in all other permitted locations. For all materials to be used in a public right-of-way, review and approval from the Department of Public Works is required.
(b) Permeable Paving Standards and Certification. Any installation of permeable paving is subject to the following:
(1) Types of Permeable Paving. The types of permeable paving facilities and permitted uses are tabulated above. The Department of Safety and Permits in consult with the Department of Public Works may allow additional types of permeable paving as new technologies or applications become available. Porous asphalt is prohibited.
Type/Application | Driving Lane | Parking Stall | Sidewalk
Pervious Concrete | • | •
Permeable Interlocking Unit Pavers | • | • | •
Other Unit Pavers* | • | •
Permeable Articulating Concrete Blocks | • | • | •
Porous Flexible Paving | •
Porous Bound Aggregate | •
*Spaced minimum ¼" to allow for infiltration. **Must comply with the Americans with Disabilities Act Design Standards.
(2) Contributing Drainage Area. The maximum ratio of contributing drainage area to permeable paving area is 4:1, unless otherwise approved by the Department of Safety and Permits. To the extent possible, stormwater runoff from pervious areas must be avoided as it contributes sediment that clogs permeable paving and increases maintenance requirements. At least 90 percent of the area draining to permeable paving must be impervious, not including the permeable paving area itself.
(3) Infiltration Rates. All permeable paving installations are subject to infiltration testing after installation. Testing is conducted according to the ASTM International C1701 or C1781 standards, as appropriate. All types of permeable paving must maintain a minimum infiltration rate of 200 inches per hour.
(4) Required Depth. All permeable paving installations must have a minimum aggregate sub-base of a depth capable of meeting the design performance requirements, and in compliance with the Green Infrastructure Toolkit. Depth is measured from the base of the permeable pavement system. All aggregate must be double-washed before installation.
(5) Biennial Certification. All permeable paving installations more than 800 square feet in total area are subject to an initial certification period of 24 months, starting from the date that the Department of Safety and Permits issues a certificate of occupancy for the subject property. Permeable paving installations more than 800 square feet in total area must be recertified every two years. The property owner shall apply for re-certification of the permeable paving installation during the three-month period prior to expiration.
121.10 Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities. Any development project of one acre or more in size must submit a stormwater pollution prevention plan (SWPPP) to manage stormwater runoff and pollution during construction. The SWPPP must comply with the Louisiana Pollutant Discharge Elimination System (LPDES) General Permit for construction sites. Sites over five acres in size must also submit the Notice of Intent required by the Louisiana Department of Environmental Quality. The following provides the minimum requirements for development site stormwater pollution prevention control. Both temporary and permanent construction controls must be used to accomplish the following minimum requirements. All projects, public or private, must meet each of the minimum requirements below. Additional controls may be required by the Director of the Department of Safety and Permits when such minimum requirements are not sufficient to prevent erosion or transport of sediment or other pollutants from the site.
(a) Mark Clearing Limits and Environmentally Critical Areas. Within the boundaries of the development site and prior to beginning construction activity, including clearing and grading, clearly mark all clearing limits, easements, setbacks, all environmentally critical areas and their buffers, and all trees and drainage courses that are to be preserved within the construction area.
(b) Establish Construction Access. Limit construction vehicle access, whenever possible, to one route. Stabilize access points and minimize tracking sediment onto public roads. Promptly remove any sediment tracked off site.
(c) Retain Top Layer. Within the boundaries of the development site, the duff layer, topsoil, and native vegetation, if any, shall be retained in an undisturbed state to the maximum extent feasible. If it is not feasible to retain the top layer in place, it should be stockpiled on site, covered to prevent erosion, and replaced immediately upon completion of the construction activity to the maximum extent feasible.
(d) Protect Downstream Properties and Receiving Waters. Protect properties and receiving waters downstream from the development site from erosion due to increases in the volume, velocity, and peak flow rate of drainage water from the project site. If it is necessary to construct flow control facilities, including, but not limited to silt fencing along site boundaries, to meet this requirement, these facilities must be protected from siltation during the construction phase of the development.
(e) Prevent Erosion and Sediment Transport from the Site by Vehicles. Whenever construction vehicle access routes intersect paved roads, the transport of sediment onto the paved road shall be minimized. If sediment is transported onto a paved road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from paved roads by shoveling or sweeping and shall be transported to a controlled sediment disposal area. If sediment is tracked off-site, roads shall be cleaned thoroughly at the end of each day, or at least twice daily during wet weather. Street washing is allowed only after sediment is removed, and wastewater from such street washing must be prevented from entering the drainage system and receiving waters.
(f) Stabilize Soils. Prevent on-site erosion by stabilizing all exposed and unworked soils, including stockpiles and earthen structures such as dams, dikes, and diversions. Soils must be stabilized at the end of the shift before a holiday or weekend if needed based on the weather forecast. Soil stockpiles must be stabilized from erosion, protected with sediment trapping measures, and located away from storm drain inlets, waterways, and drainage channels. Before the completion of the development project, permanently stabilize all exposed soils that have been disturbed during construction.
(g) Protect Storm Drains. Prevent sediment from entering all storm drains, including ditches that receive drainage water from the project. Storm drain inlets protection devices shall be cleaned or removed and replaced as recommended by the product manufacturer, or more frequently if required to prevent failure of the device or flooding. Storm drain inlets made operable during construction must be protected so that drainage water does not enter the drainage system without first being filtered or treated to remove sediments. Before a severe rainfall event, storm drain inlet protection must be secured or removed from all catch basins at a development site to prevent restriction of stormwater runoff into the catch basins. Storm drain inlet protection devices must be removed at the conclusion of the development project. The use of straw or hay bales is prohibited.
(h) Stabilize Channels and Outlets. All temporary on-site drainage systems must be designed, constructed, and stabilized to prevent erosion. Stabilization must be provided at the outlets of all drainage systems that is adequate to prevent erosion of outlets, adjacent stream banks, slopes, and downstream reaches.
(i) Control Pollutants. To control potential pollutants the following measures must be taken:
(1) All pollutants, including sediment, waste materials, and demolition debris, that occur on site are handled and disposed of in a manner that does not cause contamination of drainage water and complies with all applicable disposal laws.
(2) All chemicals, liquid products, petroleum products, and other materials that have the potential to pose a threat to human health or the environment are contained, covered, and protected from vandalism.
(3) On-site fueling tanks include secondary containment around a primary container as an additional layer of protection or barrier to prevent the spread of hazardous materials in case of a leak or spill.
(4) Contaminated surfaces are cleaned immediately following any discharge or spill incident.
(5) Fertilizers and pesticides are applied in accordance with the manufacturers' instructions and in a manner and at application rates that do not result in discharge of these products into the drainage water.
(6) For any paint removal, paint preparation, pressure washing or sandblasting activities that may result in particles entering the air or landing on the ground, best management practices (BMPs) steps are implemented to prevent or minimize to the maximum extent practicable the release of such particles into the environment. Discharge of waste from such activities to the municipal separate storm sewer system is prohibited.
(7) A stormwater pollution prevention plan (SWPPP) coordinator, such as a quality stormwater manager (QSM), is identified on the permit and ensures that all development site best management practices (BMPs) are site-tested, inspected, and repaired or replaced, as needed, at least weekly and before and after a major rain event, or as necessary. Each inspection by the coordinator is documented in the SWPPP.
(8) The best management practices (BMPs) are maintained in good working order.
(j) Maintain Best Management Practices (BMPs). All best management practices (BMPs) set forth in the stormwater pollution prevention plan (SWPPP) are maintained and repaired as needed to ensure such measures continue to function as intended. All best management practices (BMPs) are removed within five days after final site stabilization is achieved or after the temporary control measures are no longer needed, whichever is later. Trapped sediment is removed or stabilized on site. Disturbed soil areas resulting from removal are permanently stabilized.
(k) Concrete Waste Management for Construction Activities. Concrete waste from washout of ready-mix trucks, concrete pumps, and other concrete equipment causes chemical changes in runoff by increasing sediment and changing the pH of the water used in the concrete waste washout. Concrete waste management is the practice of capturing all concrete wastes and protecting the drainage system from any discharge contaminated by concrete. This concrete waste includes sweepings from concrete or other concrete slurry wastes.
(1) Applications. Concrete waste management is required of all construction sites, phases, subdivisions, or developments with concrete work, including, but not limited to, the use of concrete delivered by truck or other concrete coated equipment, mortar-mixing stations, or where concrete dust, debris, or slurry is created by either construction or demolition. Additionally, the operator of any vehicle used to deliver or apply concrete products must employ concrete waste management practices.
i. All applicants must provide and identify a concrete washout facility for use by those providing concrete or concrete-related services on site or shall arrange for the removal of concrete waste.
ii. In some cases, particularly in the case of construction or renovation by an owner-builder of a single structure, the concrete provider must dispose of or washout any excess concrete or debris in a manner consistent with this section even if the site does not lend itself to a separate washout facility.
(2) Design Criteria. Concrete washout facilities must have a minimum of six cubic feet of containment volume for every 10 cubic yards of concrete to be poured. Facilities built above the ground must have a minimum freeboard of six inches. Facilities built below grade must have a minimum freeboard of 12 inches. Prefabricated washout facilities are allowed if they meet the criteria required of temporary facilities in terms of capacity, protection from runoff and clean-out requirements. All concrete washout facilities must:
i. Be located as far away from storm drains, ditches, or other bodies of water as is practicable;
ii. Be accessible in all weather conditions with sufficient controls to keep mud or debris from the streets surrounding the facility;
iii. Physically restrict all runoff from the area by using a temporary pit or bermed area. Artificial berms may be created from straw or sand provided that the berm is staked and is double- or triple-lined with polyethylene sheeting of sufficient thickness and without holes, tears, or defects that compromise the impermeability of the material;
iv. Be clearly marked by signage; and
v. Be lined with polyethylene sheeting of sufficient thickness and which is free from holes, tears, or defects that compromise the impermeability of the material.
(3) Maintenance and Shutdown Requirements.
i. The temporary pit or bermed area must be cleaned and maintained on a regular basis and must be cleaned immediately of any liquid or other contaminant found outside the washout facility.
ii. The washout facility must be removed or cleaned out when the facility is no longer required for work in the area or when the facility is at 75 percent capacity. To remove or clean the facility, the hardened concrete must be removed and disposed of. Materials used to construct the temporary facility must also be removed and disposed of when they are no longer suitable for use or no longer needed.
iii. Any holes or depressions caused by the creation and use of the facility must be backfilled and repaired and the soil stabilized.
iv. All concrete waste material must be properly discharged.
121.11 Permit Submittal Documents. All documentation which must be submitted with each permit application must be prepared by or under the direct supervision of a Louisiana-licensed landscape architect or a Louisiana-licensed civil engineer and imprinted with such licensed professional's seal. Where special conditions exist, the Director of the Department of Safety and Permits may require additional documents to be prepared by a Louisiana-licensed design professional. All such documentation must be submitted in two or more sets with each permit application and must include the following:
(a) Project Description. A summary of existing conditions and proposed stormwater management design.
(b) Existing Site & Stormwater Drainage Plan. A site assessment detailing the current drainage conditions on the property. This must include:
(1) Location and boundaries of all existing property lines, lot names, easements or servitudes, or other land divisions for the development site;
(2) Location and boundaries of all adjacent rights-of-way, streets, private roads, drainage rights-of-way, or other features;
(3) Existing drainage areas delineated with flow lines indicating direction of flow;
(4) All above ground and subsurface infrastructure and invert elevations, including but not limited to existing drain lines, culverts, catch basins, headwalls, manholes, and existing SCMs;
(5) Location of all existing roof and yard drains, downspouts, or other features and their connections to SCMs;
(6) Existing topography and any significant topographic features;
(7) Soil classifications; and
(8) All existing buildings, structures, land covers and site features, including but not limited to curb cuts, interior streets, driveways, parking and loading areas, landscaped areas, and lawns.
(c) Proposed Site & Stormwater Management Plan. A detailed illustrated plan of the proposed stormwater management site design. This plan must include:
(1) Location and boundaries of all property lines, lot names, easements or servitudes, or other land divisions for the development site;
(2) Location and boundaries of all adjacent rights-of-way, streets, private roads, drainage rights-of-way, or other features;
(3) Proposed drainage areas delineated with flow lines indicating direction of flow;
(4) All proposed above ground and subsurface infrastructure and invert elevations, including, but not limited to, drain lines, culverts, catch basins, headwalls, manholes, and stormwater control measures (SCMs);
(5) Location of all proposed roof and yard drains, downspouts, or other features and their connections to stormwater control measures (SCMs);
(6) Proposed topography and grading plan;
(7) All proposed buildings, structures, land covers and site features, including but not limited to curb cuts, interior streets, driveways, parking and loading areas, landscaped areas, and lawns; and
(8) Sections and details of all proposed stormwater control measures (SCMs) showing depth, dimensions, compositional layers, drainage media, overflows, connections into and out of all drainage related features and project specification in compliance with the Green Infrastructure Toolkit.
(d) Calculations. Calculations for pre- and post-development runoff rate, required detention volume and capacity of stormwater control measures (SCMs), and empirically estimated pollutant load calculations completed and provided using the latest version of the City of New Orleans Stormwater Calculator.
(e) Infiltration Test Results. All plans must include the results of at least one infiltration test per stormwater control measure (SCM), signed and sealed by a professional engineer or landscape architect licensed in the State of Louisiana, conducted according to the ASTM International C1701 or C1781 standards, as appropriate.
(1) Infiltration test results must be incorporated into the required stormwater management design, including a narrative from the design professional that indicates the test results and identifies compliance with such requirements.
(f) Operations & Maintenance Plan. Site-specific operations and maintenance schedule for each stormwater control measure (SCM) including routine maintenance, frequency of inspections, indications of failure, corrective actions (repair and replacement), and a sample inspection report for the site. The operations and maintenance plan must comply with the Green Infrastructure Toolkit maintenance manual.
(g) Stormwater Pollution Prevention Plan (SWPPP). Narrative and plans demonstrating appropriate erosion and sediment control during construction including designer specifications for construction to protect best management practices (BMPs), avoid soil compaction, and prevent best management practices (BMP) failure.
(h) Planting Plan. When plants, trees, or shrubs are utilized in stormwater control measure (SCM) design.
(i) End User Awareness Plan. All developments subject to the Stormwater Code must post permanent informational signage (in accordance with requirements set forth by the Office and Resilience and Sustainability) for the public in prominent internal spaces such as lobbies, public customer areas, public employee areas. Signage must be located near green infrastructure features, and, at a minimum, provide details on the type of green infrastructure installed, amount of stormwater runoff being maintained, plant types (where applicable), and water quality improvements. For developments that have utilized the fee-in-lieu process described in section 121.13, below, and do not have stormwater infrastructure, signage must educate the public on topics such as, but not limited to, green infrastructure, funding opportunities for green infrastructure, and best practices to manage stormwater. Under no circumstances is a development site exempt from this signage requirement.
121.12 Procedure.
(a) Application Procedure. A building permit application for a development site subject to this Stormwater Code must include a stormwater management plan.
(b) Completeness Review. Upon receipt and review of all documents required by the Stormwater Code, the Department shall notify the applicant if additional materials are needed to complete the review.
(c) Review of Plans. The Department shall notify the applicant of any deficiencies in the proposed stormwater management plan. Failure of the applicant to respond to deficiencies within a period of six months will result in expiration of the building permit application.
(d) Issuance of Building Permit. Once a plan has demonstrated compliance with the requirements of the Stormwater Code to the satisfaction of the Director of the Department of Safety and Permits or a representative, the Department shall issue a building permit, provided that all other applicable legal and permitting requirements are satisfied.
(e) Stormwater Pollution Prevention Plan (SWPPP). Upon issuance of a building permit and until a certificate of occupancy is issued, the stormwater pollution prevention plan must be implemented on the development site.
(f) Changes to Approved Plans. No departure or deviation shall be made from stormwater management plan and supporting documentation, specifications, or description after issuance of the permit unless new information is submitted, approved by the Director of the Department of Safety and Permits and incorporated in the permit. No person may modify, remove, fill, landscape, or alter any stormwater control measures (SCMs) without the written approval of the Director of the Department of Safety and Permits.
(g) Post-Construction Certification. Prior to the issuance of a certificate of occupancy, post-construction certification must be obtained in accordance with section 121.15, below.
(h) Annual Inspection. Re-certification of all stormwater control measures (SCMs) and associated infrastructure is required on an annual basis in accordance with the Stormwater Code.
(i) Expiration. An approved stormwater management plan is deemed invalid:
(1) If the work authorized by the permit is not commenced within six months after its issuance;
(2) If the work authorized by the permit is suspended for more than six months after its issuance; or
(3) If the work authorized by the permit is suspended or abandoned for a period of six months after the time the work commences.
The expiration period may be extended for one or more periods of not more than 90 days each. The extension must be requested in writing with justifiable cause demonstrated to the Director of the Department of Safety and Permits. The Director of the Department of Safety and Permits may grant an extension, which shall be in writing.
121.13 Fee In Lieu of Compliance.
(a) Submittal Requirements. A request to pay a fee in lieu of compliance with the requirements of the Stormwater Code must be filed with the Director of the Department of Safety and Permits and must include:
(1) Documentation of lack of practicability of on-site compliance, including existing and proposed site and stormwater drainage plans;
(2) Calculations for the required volume, existing and proposed runoff rate, and existing and proposed pollutant loads prepared by a Louisiana-licensed landscape architect or professional engineer; and
(3) The estimated and itemized cost of construction, materials and annual maintenance of stormwater control measures (SCMs) that is feasible on-site.
(b) Approval Standards. In reviewing fee-in-lieu of compliance applications, the Director of the Department of Safety and Permits or the Director of the Department of Public Works shall consider if stormwater management within the site is achieved to the maximum extent practicable.
(c) Payment. Calculation of the fee is based on the per cubic foot volume of stormwater requiring management as provided herein, at the rate established in Section 2-1105 of the Code of the City of New Orleans.
(d) Condition. The fee paid in accordance with this section is intended to offset the 1.25-inch detention volume standard. In no event shall the post-development peak runoff rate exceed the pre-development runoff rate for a design storm event.
(e) Deviations. Existing development sites where the conditions do not allow runoff from a certain portion of the site to flow into a stormwater control measure (SCM) may apply to manage the entire quantity on a separate portion of the development site (allowing for bypass runoff) or apply for partial fee-in-lieu payment for the volume of stormwater not detained.
121.14 Enforcement of Regulations. The Department of Safety and Permits shall not issue a certificate of occupancy for any development site until its stormwater management plans are certified. Failure to implement the stormwater management plan is cause for the withholding of the certificate of occupancy. The applicant shall maintain all stormwater control measures (SCMs) and associated infrastructure in perpetuity in accordance with the associated maintenance plan or program. The development site owner or authorized agent shall inspect all stormwater control measures (SCMs) and associated infrastructure monthly and shall keep records indicating all maintenance actions required and taken each month. These records may be requested by the Department of Safety and Permits at any time and, once requested, shall be timely provided to the department by the property owner. Failure to maintain compliance with the approved stormwater management plan is cause for the application of fines and penalties, as allowed under City Code. All landscape and stormwater control measures (SCMs) and associated infrastructure must be maintained in conformance with the approved plan, are subject to periodic inspection by the Department of Safety and Permits and must be recertified annually as required by the Stormwater Code. Failure to maintain the stormwater control measures (SCMs) or certify the stormwater management plan is cause for revocation of the certificate of occupancy, and the application of fines and penalties as allowed under the City Code.
121.15 Fees. There is a fee of $250 for annual certification of stormwater management plans. There is a penalty of $500 for annual recertification of stormwater management plans that have passed the expiration date. Failure to submit plans 30 days after expiration shall subject a property to administrative adjudication with a daily penalty of $500.
121.16 Post-Construction Certification.
(a) Requirements for Certificate of Occupancy. The Department of Safety and Permits shall not issue a certificate of occupancy until it receives the following:
(1) Digital as-built plans showing the final design and specifications for all SCMs, the field location, size, depth of all measures, controls, and planted vegetation, and devices, as installed; and
(2) Affidavit signed by the civil engineer or landscape architect of record attesting that the stormwater control measures (SCMs) have been installed in accordance with all approved plans and specifications, and in compliance with all other applicable standards.
(b) Initial Certification. Stormwater control measures (SCMs) and associated infrastructure are subject to an initial certification period of 12 months, starting from the date that the department issues a certificate of occupancy for a property with an approved stormwater management plan.
(c) Annual Certification. Recertification of all stormwater control measures (SCMs) and associated infrastructure is required annually.
(1) No more than 30 days prior to recertification, a Louisiana-licensed landscape architect or professional engineer, as applicable, shall conduct an inspection of all stormwater control measures (SCMs) and associated infrastructure, and shall certify that the stormwater control measures (SCMs) and associated infrastructure follow the recorded as-built stormwater management plans and designs, and with all other applicable standards.
(2) The property owner shall be eligible to apply for re-certification not more than three months prior to the expiration of the previous certification.
(3) The property owner or operator shall retain detailed records of any maintenance performed on, or changes made to, stormwater control measures (SCMs) and associated infrastructure for review on an as-needed basis.
SECTION 122 - INDEPENDENT STRUCTURAL PEER REVIEW
122.1 General. The purpose of this section is to provide for an independent and objective structural review of a project, conducted by an approved structural engineer, to increase the welfare and safety of the public, users and workers with respect to the finished product. The provisions of this section specify where independent structural peer review is required, how and by whom it is to be performed. These provisions shall become effective on the ninetieth day following adoption of this ordinance.
122.2 Definition of Structure. For the purpose of this section, "structure" includes the structural frame; the load supporting parts of floors, roofs, walls, and foundations; and other primary structural items.
122.3 Where required. An independent structural peer review of the structure shall be performed and a report provided for the following buildings:
a. Buildings greater than 75 feet in height (measured from grade level to the average height of the highest roof surface); or
b. Buildings where an independent structural peer review is specifically requested by the Building Official.
122.4 Structural Peer Reviewer. The structural peer review shall be performed by a qualified independent structural engineer, to be known as the peer reviewer, who has been retained by or on behalf of the owner of the property. This peer reviewer shall meet specific qualification requirements, including but not limited to, demonstrable experience in the structural design and/or peer review of structures similar in scope and complexity. The Department of Safety and Permits shall establish a qualification program for peer reviewers and compile a list of such persons from which the property owner shall select. The peer reviewer shall not engage in any activities that may conflict with their objective judgment and integrity, such as having a financial and/or other interest in the design, construction, installation, manufacture or maintenance of structures or components that they are reviewing.
122.5 Scope of Structural Peer Review. The peer reviewer shall review the plans and specifications submitted with the original permit application, and all subsequent revisions thereto, for compliance with the structural and foundation design provisions of the Building Code and all related structural codes and technical standards. At a minimum, the peer reviewer shall perform the following tasks:
a. Confirm that the design loads conform to this Code;
b. Confirm that other structural design criteria and design assumptions conform to the applicable codes and are in accordance with generally accepted engineering practice;
c. Review geotechnical and other engineering investigations that are related to the foundation and structural design and confirm that the design properly incorporates the results and recommendations of the investigations;
d. Confirm that the structure has a complete load path;
e. Perform independent calculations for a representative fraction of the systems, members and details to check their adequacy. The number of representative systems, members and details verified shall be sufficient to form a basis for the reviewer's conclusions;
f. Verify that the design engineer of record complied with the structural integrity provisions of the applicable codes;
g. Verify that performance-specified structural components (such as certain precast concrete elements) have been appropriately specified and coordinated with the primary building structure;
h. Review the structural and architectural plans for the building. Confirm that the structural plans are in general conformance with the architectural plans regarding loads and other conditions that may affect the structural design;
i. Confirm that major mechanical items are accommodated in the structural plans;
j. Confirm that all items within the definition of "structure" under Section 122.2 are in accordance with the applicable codes; and
k. Attest to the general completeness of the structural plans and specifications.
122.6 Structural Design Criteria. If the design criteria and design assumptions are not shown on the drawings or in the computations, the structural engineer of record shall provide a statement of these criteria and assumptions for the reviewer. In addition, the structural calculations prepared by the structural engineer of record shall be submitted to the peer reviewer upon his/her request.
122.7 Structural Peer Review Report. The peer reviewer shall submit a report to the Department of Safety and Permits stating whether or not the structural design shown on the plans and specifications generally conforms to the structural and foundational requirements of the applicable codes. The report shall demonstrate, at a minimum, compliance with items (a.) through (k.) of Section 122.5. In addition, the report shall also include the following:
a. The codes and standards used in the structural design of the project;
b. The structural design criteria, including loads and performance requirements; and
c. The basis for design criteria that are not specified directly in applicable codes and standards. This should include reports by specialty consultants such as wind reports and geotechnical reports. Generally, the report should confirm that existing conditions at the site have been investigated as appropriate and that the design of the proposed structure is in general conformance with these conditions.
122.8 Phased Submission. If an application is submitted for a permit for the construction of foundations or any other part of a building before the construction documents for the whole building have been submitted, the peer review and report shall be phased. The peer reviewer shall be provided with sufficient information on which to make a peer review of the phased submission, in accordance with this Chapter.
122.9 Response to reviewer recommendations and disputes. The contents of the peer review report shall be presented to the structural engineer of record and the owner of the property before being submitted to the Department of Safety and Permits. The structural engineer of record must respond to any recommendations presented in the report, but is not obligated to agree with them. If the structural engineer of record and the peer reviewer are unable to resolve all differences, the structural engineer of record must document any disagreements for submission to the Department of Safety and Permits. Upon review, the Department may make a decision or may accept a change of the peer reviewer; however, the peer reviewer cannot be changed without the express consent of the Department. If a request is made for a change of the peer reviewer prior to completion of the peer review report, the current peer reviewer shall submit a written letter to the Director of Safety and Permits detailing the circumstances surrounding the withdrawal request and a report of the peer review findings to date.
122.10 Responsibility. The structural engineer of record shall retain sole responsibility for the structural design. The activities and reports of the peer reviewer shall not relieve the structural engineer of record of this responsibility. The peer reviewer's report states his or her opinion regarding the design by the structural engineer of record. The standard of care to which the peer reviewer shall be held in the performance of the peer review and report is that the level of skill and care are consistent with structural peer review services performed by professional engineers licensed in the State of Louisiana for similar types of projects.
122.11 Promulgated rules to effectuate intent. The Department of Safety and Permits shall promulgate regulations needed to effectuate the intent of this section in accordance with Section 2-1000 of the Code of the City of New Orleans and submit such regulations to the City Council for approval no later than ninety days after adoption of this ordinance.
SECTION 123 - OBSERVATION BY PROFESSIONALS OF RECORD
123.1 General. The purpose of this section is to provide for periodic physical observation of work by the engineer of record, or a certified third party engineer retained by or on behalf of such engineer, throughout the construction period. These provisions shall become effective on the ninetieth day following adoption of this ordinance.
123.2 Applicability. The provisions of this section shall apply to the new construction of any commercial structure, regardless of size, and to any residential structure taller than three floors.
123.3 Required observations. Wherever the applicable construction codes or city policies require observation or inspection of such projects included in Section 123.2, the engineer of record for that particular function, or a certified third party engineer retained by or on behalf of the engineer of record, shall physically observe the premises and report his or her findings to the Department of Safety and Permits. The Department shall not approve an observation absent a favorable observation by the pertinent engineer. The Department of Safety and Permits shall approve the use of a third party engineer for such observation, and in any event, the engineer of record shall sign off on an observation conducted by his or her representative. Observations mandated by this section are intended to supplement those observations, inspections, and approvals provided by City inspectors, to ensure that work is completed according to design.
123.4 Promulgated rules to effectuate intent. The Department of Safety and Permits shall promulgate regulations needed to effectuate the intent of this section in accordance with Section 2-1000 of the Code of the City of New Orleans and submit such regulations to the City Council for approval no later than ninety days following adoption of this ordinance.
CHAPTER 2
DEFINITIONS
Building Official: The Director of the Department of Safety and Permits, or his duly authorized representative or employee.
CHAPTER 4
SPECIAL DETAILED REQUIREMENTS
BASED ON USE AND OCCUPANCY
SECTION 425 - TENTS
425.1 Permit Required. Tents, with an area up to 150 sq. ft. and not located in the inner city fire limits, require only a Certificate of Compliance from Fire Prevention. Tents, with an area exceeding 1,200 sq. ft. and all tents located in the inner city fire limits, require a certificate of compliance from the Fire Department and a Building Permit from the Department of Safety and Permits. Tents shall conform to Section 3103 of the International Fire Code.
SECTION 426 - PREFABRICATED AND MODULAR BUILDINGS
426.1 Scope. This section covers the installation of prefabricated and modular buildings within the City of New Orleans.
426.2 Definition. Structures transportable in one or more sections and which are built on a permanent chassis shall be considered as prefabricated and/or modular buildings.
426.3 General. Prefabricated and Modular Buildings shall be designed with a permanent foundation and must comply with the provisions of this code. It shall be the duty of the permit applicant to provide a label or seal of compliance with the provisions of this code, issued by an agency approved by the City of New Orleans. In the alternative, the permit applicant shall cause the work to be accessible and exposed for inspection purposes. The permit applicant is responsible for expense entailed in the removal or replacement of any material required to allow inspection.
426.4 Construction Documents. One digital set of construction documents prepared by a Louisiana Registered Architect or Civil Engineer shall be submitted to the department along with an application for a permit. Construction documents shall include, among other things, plans, elevations, sections, foundation details, construction benchmark etc. The construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the proposed work and show in detail that the prefabricated and/or modular building will conform to the provisions of this code. All Prefabricated assemblies installed in the City of New Orleans shall either be thoroughly opened up for inspections by City Inspection Bureaus such as Electrical, Building etc., or have to be inspected and certified by one of the third party agencies approved by the City of New Orleans, for compliance with all applicable codes. The City approved third-party agencies are, any agencies listed by ICC-ES.
SECTION 427 - FENCES
427.1 Fences—General. Fences, walls, and other structures erected to physically separate or secure properties shall be constructed of a quality to ensure structural integrity. A maximum spacing of eight (8) feet shall be maintained for all vertical posts unless otherwise designed by a licensed professional and approved by the Director as permitted by law. Structural posts shall be embedded in concrete. Use of scrap materials for fencing, walls, or other barriers is not permitted.
427.2 Security Fencing. No razor wire, barbed wire, barbed tape or any other similar security fencing material or product shall be permitted in residential districts. No security style fencing shall per permitted within five (5) feet of an adjacent right-of-way or municipal easement. Any security fencing materials must be affixed with a minimum clearance of eight (8) feet from any sharp edge or point to adjacent grade below.
427.3 Electrified Fencing. As per Section 2741 of this code, no fence shall be electrified in the City of New Orleans.
CHAPTER 9
FIRE PROTECTION SYSTEMS
SECTION 917 - HYDRANTS, WATER MAINS & FIRE LANES
917.1 Fire Protection on Private Property. Requirement for fire hydrants, water mains, fire lanes and driveways for the use of fire apparatus to combat fires on private property shall be installed in the following developments and land uses as specified below:
1. Residential land use developments involving 2 acres or more.
2. Medium and High Density Residential Land Uses.
3. Large Scale Commercial Land Use Development involving 2 acres or more.
4. Large Scale Industrial Land Use Development involving 2 acres or more.
5. Light Industrial and Heavy Industrial Land Uses.
6. New Subdivisions in excess of five building sites.
7. New Subdivisions or Re-subdivisions requiring additional streets.
8. Conditional land uses when approved by the Fire Department and International Plumbing Code.
9. Any Private Development, land and buildings and containing 2 acres or more that does not already have public streets, water mains and fire hydrants.
10. Campus development involving two acres or more.
917.2 Detail Requirements. All firefighting systems required by this Code shall comply in all respects with:
1. International Fire Code, 2021 as amended by the City of New Orleans.
2. International Plumbing Code, 2021, as amended by the City of New Orleans.
3. Requirements of the Sewerage and Water Board which include but are not limited to:
(a) Connection to the public water supply, all connections to be made with a detector check valve, furnished and installed by the Sewerage and Water Board, the cost of installation charged to the applicant.
(b) If domestic water is also taken off the fire main, full-flow meters will be installed in lieu of the detector check valve.
(c) Granted Servitudes as required by the Sewerage and Water Board for servicing of water mains and fire hydrants which are to be installed according to the Sewerage and Water Board's specifications and the above code requirements.
917.3 Furnish layout plans for approval.
917.3.1 Plans shall be drawn to scale and shall include, but are not limited to, the following essential details:
1. The scale shall conform to the following:
1.1 Projects containing more than 200 acres, not more than 200 ft. to one inch.
1.2 Projects containing 50 acres to 200 acres, not more than 100 ft. to one inch.
1.3 Projects containing less than 50 acres, not more than 60 ft. to one inch.
1.4 Projects containing 10 acres or less, not more than 50 ft. to one inch.
2. Size and location of water supply.
3. Size and location of all mains, the class and type of mains to be installed and the depths to which it is to be buried.
4. Size, type and location of all meters and valves.
5. Number and size of hose outlets, thread detail, setting grade and location of all hydrants.
6. Location and size of sprinkler and standpipe risers supplied by the system.
7. Fire lane and driveway widths and turning radius.
917.4 Water Distribution System. Water mains shall conform to the Specifications and/or International Plumbing Code, and the applicable provisions of the codes and requirements mentioned herein.
917.4.1 Sizing of water mains. The following is adopted minimum size of water mains along with other provisions to be used for fire hydrant supply:
1. Large Scale Commercial and Industrial Land Use Developments (includes campus developments):
1.1 12-in or larger mains can be used as a loop system around the area and shall be supplied by separate feeder mains.
1.2 8-in mains can be used within the area when it completes a gridiron to be supplied by 12-in or larger mains at each end.
1.3 Adjustment in main size above 12 in shall be made when additional fire flow is required for sprinklers, standpipes and special protective equipment for hazardous occupancy or processes.
2. Heavy Industrial Land Uses:
2.1 12 inch mains to be used throughout.
2.2 Adjustment in main size to above 12 in. to be made when additional fire flow is required.
3. Low, Medium and High Density Residential Land Uses: Large Scale Residential Land Use Developments (except when located in the Inner Fire Limits):
3.1 8-in or larger mains to be used when supplied by at least two 8-in or larger feeders, separated from each other and when it completes a gridiron not exceeding 600 ft. to the side with a hydrant at each corner and intermediate hydrant between corners. However, the 6 inch mains are not to be dead-ended.
4. Requests for variations from the above specified sizes may be approved by the Director provided such requests are accompanied by engineering design calculations for the intended land use prepared by a Louisiana Registered Engineer experienced in such work.
917.5 Fire Flow. Fire flow at a residual pressure of 20 psi is required with the following flows:
1. Low and medium density (one and two family) residential land uses 1,000 to 2,500 gpm. Distribution based on ratio of one hydrant to each 150,000 to 140,000 sq. ft. of average area served.
2. Large scale residential land use development 1,500 to 3,500 gpm. Distribution based on ratio of one hydrant to each 140,000 to 120,000 sq. ft. of average area served.
3. Medium and high density (apartments) residential land uses 3,500 to 4,000 gpm. Distribution based on ratio of one hydrant to each 120,000 to 110,000 sq. ft. of average area served.
4. All commercial land uses including campus development. (except those within the Inner Fire Limits) 3,500 to 4,000 gpm. Distribution based on ratio of one hydrant to each 110,000 to 100,000 sq. ft. of average area served.
5. Light industrial land uses and large scale industrial land use developments 4,000 to 8,000 gpm. Distribution based on ratio of one hydrant to each 100,000 to 60,000 sq. ft. of average area served.
6. Heavy industrial land uses 8,000 to 12,000 gpm. Distribution based on ratio of one hydrant to each 60,000 to 40,000 sq. ft. of average area served.
7. Additional fire flow is required in excess of the specified fire flow for extra hazardous occupancy, processes or conditional uses.
917.6 Fire Hydrants. Hydrants shall meet the specifications of the Sewerage and Water Board.
917.6.1 Type of Hydrant. Hose outlets size and threads to conform to the hose connections used by the Sewerage and Water Board.
917.6.2 Hydrant Spacing. Hydrants shall be spaced as indicated below:
1. Hydrants should be located no closer than 50 ft. from buildings in industrial districts. In other districts hydrants shall be located where the chance of fire and falling walls would not endanger hydrants.
2. Spacing shall not be more than 350 ft. apart in residential districts.
3. In industrial areas and shopping centers, hydrants shall be located to permit all sides of the building to be reached by a hose lay not in excess of 300 ft.
4. In multiple housing developments, commercial districts and large scale developments, hydrants shall be located to permit all sides of the building to be reached by a hose lay not in excess of 400 ft.
917.6.3 Hydrant Setting. Hydrants shall be protected from mechanical injury and shall be installed as indicated below:
1. Hydrant settings, center of hose outlets should be not less than 18 in above the final grade line.
2. Hydrant locations shall not be less than 18 in nor more than 30 in from the curb of a street or driveway, have no obstructions within 15 ft. on each side and shall be accessible so fire department pumpers can be connected with no more than 15 ft. of hose.
917.7 Fire Lanes. Fire lanes as indicated below shall be provided for Fire Department access.
917.7.1 Low Density Residential Development. Every part of a structure must be accessible from a street or highway, with a maximum of 150 ft. of hose in a low density Residential Development. In instances where the maximum hose lay is exceeded, specific plans of the structure and its location must be reviewed and approved by the Department of Fire.
917.7.2 Other Developments. In all other residential districts, commercial and industrial developments, and large scale developments, no building of any type construction for any occupancy shall be constructed, unless every part of the structure is accessible from a street or highway with 150 ft. of fire hose, or provided that said structure may be erected at a greater distance if fire lanes are constructed as designated by this Code requirement.
917.7.3 Detail Requirements.
1. Fire lanes shall be located from whichever portion of any structure can be reached with 150 ft. of fire hose. Private streets, built in accordance with the regulations of City of New Orleans, Department of Public Works, Standard Plans and Specifications, may be considered as fire lanes.
2. Any such fire lanes more than 100 ft. long, shall either connect at both ends to a dedicated street or be provided with a turn-around having a minimum radius of 50 ft.; or other circulation system approved by the Department of Fire.
3. Fire lanes shall have a minimum width of 20 ft. and a minimum height clearance of 14 ft.
4. Fire lanes and road surfaces shall be constructed in accordance with the regulations of the City of New Orleans, Department of Public Works, Standard Plans and Specifications.
CHAPTER 11
ACCESSIBILITY
SECTION 1101.1
These provisions are not applicable in areas where State mandated accessibility requirements are in effect.
CHAPTER 16
STRUCTURAL DESIGN
SECTION 16
1609.2 Protection of Openings. Level 3 Renovations under the International Existing Building Code must be in compliance with the International Building Code requirements for Protection of Openings.
CHAPTER 18
SOILS AND FOUNDATIONS
SECTION 1811 - SPECIAL PROVISIONS FOR THE CITY OF NEW ORLEANS
This Section offers provisions associated with the design and construction of foundations. However, it does not and cannot replace education or experience, and it must be used in conjunction with professional judgment. Not all aspects of this Section may be applicable in all circumstances. The provisions of this Section are not intended to represent or replace the standard of care by which the adequacy of a given professional service must be judged, nor should the provisions be applied without consideration of a project's many unique aspects.
1811.1 GENERAL. Foundation analysis and design in the City of New Orleans shall be conducted in conformance with Section 1813. Where there is conflict between a requirement of Section 1813 and a requirement of another section of the International Building Code (IBC), the requirement of Section 1813 shall govern.
1811.2 GEOTECHNICAL INVESTIGATION
1811.2.1 Foundation capacity shall be determined by geotechnical investigation unless otherwise provided for in section 1811. The geotechnical investigation shall be performed under the direction of a Louisiana Registered Civil Engineer experienced in geotechnical engineering. The geotechnical investigation shall consist of undisturbed soil borings and laboratory tests or other applicable methods and procedures to define subsurface conditions. The type and extent of the subsurface investigation program shall be consistent with generally accepted geotechnical engineering practice, and it shall be influenced by the importance, type, size, planned grade changes, and location of the proposed construction.
1811.2.2 An engineering analysis shall be made by a Louisiana Registered Civil Engineer experienced in geotechnical engineering that establishes information applicable to the design and construction of the foundation. This information includes the allowable soil bearing capacity, allowable pile or pier capacity, depth of foundation, expected movements (settlement, heave, etc.), depth to groundwater, and other items related to foundation design and construction.
Data required for 1811.2.2 shall be obtained from a minimum of:
1. One (1) soil boring (or equivalent) for structures two stories or less and 10,000 sq. ft. or less of ground floor area.
2. Two (2) soil borings for other structures greater than 10,000 sq. ft. and less than or equal to 15,000 sq. ft. or less of ground floor area.
3. One (1) soil boring for each additional 15,000 sq. ft. of ground floor area.
Deviations from the above may be allowed by the Director if supported by adequate geotechnical data.
1811.3 FOUNDATIONS
1811.3.1 Foundations shall be supported on piles unless an engineering analysis from a Louisiana Registered Civil Engineer experienced in geotechnical engineering is provided. Such analysis would indicate the suitability of a spread foundation and establish allowable soil bearing capacity. Foundations shall be constructed of masonry, plain concrete, reinforced concrete, or of pile or pier materials described in Section 1811.
1811.3.2 Any person or entity contemplating foundation construction that may make use of, be adjacent to, or involve public property shall determine in advance of construction the existence of public or private underground or overhead utilities that may be occupying said public property. Such person shall secure the proper approval from public and private agencies concerned and shall observe all precautions necessary to avoid damage or disturbance to said utilities (telephone, telegraph, cable, fiber optic, sewerage, drainage, water, gas, electricity and the like).
1811.3.3 Temporary buildings (See Section 107) and buildings not exceeding one story in height and no more than 500 sq. ft. in area or which otherwise do not require a permit under this code shall be exempt from these requirements.
1811.4 SPREAD FOUNDATIONS
1811.4.1 Design
1811.4.1.1 Spread foundations shall be constructed on suitable naturally occurring soil or on properly selected, placed, compacted, and controlled structural (engineered) fill. When structural fill is used, the in-place density and moisture content shall be independently verified by testing during construction. Footings are to be designed so that the allowable bearing capacity of the soil shall not be exceeded and the anticipated movements shall be within tolerable limits for the planned structure. The bottom of a spread foundation shall be at least 12 in. below the undisturbed ground surface.
1811.4.2 Soil Bearing Capacity
1811.4.2.1 The Director may accept the allowable soil bearing capacity established by the engineering analysis in 1811.2.2 as meeting the minimum requirements. Such analysis shall be performed by a Louisiana Registered Civil Engineer experienced in geotechnical engineering.
1811.4.2.2. The Director may accept other adequate proof as to the allowable soil bearing capacity at a particular location.
1811.4.3 Differential Settlement
1811.4.3.1 Where footings are supported by soils of widely different bearing capacity, differential settlement can occur. Therefore, the allowable bearing values of the more yielding soil shall be reduced or special provisions shall be made in the design to reduce the likelihood for excessive or structurally intolerable differential settlements to occur.
1811.4.4 Excavations
1811.4.4.1 When excavating for buildings and/or associated structures, such excavations shall be made safe to prevent danger or damage to life and property. Permanent excavations shall have retaining walls of sufficient strength made of steel, masonry, reinforced concrete, mechanically stabilized earth, or other suitable materials to retain embankments, together with any surcharge loads. Excavations for any purpose shall not extend within 1 ft. of the angle of repose or natural slope of the soil under any footing, foundation, or load-bearing element, unless such footing, foundation, or load-bearing element is first properly underpinned or protected against movement.
1811.5 PILE FOUNDATIONS
1811.5.1 Design
1811.5.1.1 All pile foundations shall be designed by a Louisiana Registered Civil Engineer. Piles shall be designed to include all applied weights and forces including the weight of mats or caps and the weight of earth or fill on top of the mats or caps considering the effect of buoyancy; the weight of the piles shall be given due consideration in the foundation design. In cases where piles are loaded eccentrically, provisions shall be made for such eccentricities. Further analyses should be performed for laterally loaded piles or piles subjected to dynamic loading (machinery, etc.). Consideration also should be given in design to the influence of negative skin friction (downdrag) on foundation performance.
1811.5.1.2 Except for lightly loaded piles (as defined elsewhere in Section 1811) where the minimum spacing is 2 ft., the minimum pile spacing for all other piles shall be either 3 ft., or three pile diameters (widths), or as determined by the expression:
SPAC =0.05 (L 1 ) + 0.025 (L 2 ) + 0.0125 (L 3 ), in which:
SPAC = Center-to center spacing of piles, ft.
L 1 = Pile penetration up to 100 ft.
L 2 = Pile penetration from 101 to 200 ft.
L 3 = Pile penetration beyond 201 ft.
1811.5.1.3 Greater spacing than the minimum value may be required to satisfy group perimeter shear as provided in 1811.5.3.1 and to assure that piles will not interfere with or intersect each other during installation.
1811.5.1.4 Piles extending above the ground surface, surrounded by relatively weak soil, or standing in free water, that are used as load-carrying members, shall be designed structurally in their unrestrained length in accordance with applicable column formulas as referenced in the IBC; due consideration to effective unsupported length must be given. Location of pile fixity shall be determined with due regard to soil properties.
1811.5.1.5 Where subsurface investigation records or site conditions indicate possible deleterious action of pile materials because of soil constituents, changing water levels, electrolysis, corrosion, or other factors, such materials shall be adequately protected. The effectiveness of such methods of processes for the particular purpose shall have been thoroughly established by satisfactory service records or other evidence that demonstrates the effectiveness of such protective measures. Cutoff of untreated timber piles shall not be higher than the lowest groundwater level anticipated for the life of the structure as determined by an engineering investigation based on established data, but in no case shall the cutoff be less than 7 ft. below the natural ground surface. Structural steel piles driven below the permanent water table and into natural soil need not be protected against electrolysis and/or corrosion unless previous site history or field conditions warrant otherwise.
1811.5.1.6 The design and installation of pile foundations shall be under the direct supervision of a Louisiana Registered Civil Engineer who shall certify to the Director that the piles, as installed, satisfy the design criteria.
1811.5.1.7 Pile foundations shall be designed and installed on the basis of a geotechnical investigation and report which shall include soil borings and laboratory tests or other subsurface exploration at locations and depths sufficient to determine the position and adequacy of the bearing soils except where sufficient data upon which to base the design and installation is available. The investigation and report shall include, but not be limited to, the following:
1. Descriptions of the soil and groundwater conditions.
2. Recommended pile types and predicted capacities.
3. Pile installation criteria.
4. Field observation procedures.
5. Probe piles and pile load test requirements.
6. Designation of bearing stratum or strata.
7. Estimated movements (settlement, heave, etc.)
8. Other applicable installation and performance considerations such as: lateral capacity, dynamic loads, vibrations, downdrag, fill placement, groundwater lowering, etc.
1811.5.1.8 Allowable stresses greater than those specified for each pile type in this Code may be permitted when supporting data justifying such higher stresses are filed with the Director.
1811.5.2 Pile Load Capacity for a Single Pile
1811.5.2.1 Pile Load Test Case. The pile load testing procedure for a single pile shall be conducted in general accordance with ASTM D 1143 under the direction of a Louisiana Registered Civil Engineer. It is required to notify the Director in writing prior to conducting pile load tests. The load-carrying capacity for a single pile in compression shall be established by any of the following methods:
Method 1: When the total test load applied equals twice the proposed load capacity for a single pile, it shall be left in place at least 48 hr., the last 24 hr. of which shall be free from settlement. If after deducting rebound following the total release of this load, the net settlement at the top of the pile does not exceed 0.01 in. per ton of total test load, the pile shall be considered adequate to support the proposed load capacity for a single pile.
Method 2: Where the pile is loaded to failure, the loading value where the load settlement curve begins to show an accelerated deviation from its previous trend may be considered the "yield point" for the given soil and pile. One-half of this value or one-half of the value at which the net settlement is estimated as ½ in., whichever is smaller, shall be considered as the allowable load capacity for a single pile.
Method 3: The failure load of a pile, one-half of which shall be used as the allowable load capacity for a single pile, shall be defined as that load which produces a settlement or movement of the tip equal to ¼ inch. The movement of the tip can be determined by actual measurement or by either of the following two load distribution cases, both involving the measurement of the butt movement. In each case, the failure load shall be defined as that load producing a movement of the butt equal to the elastic deformation of the pile under the failure load plus ¼ inch.
1811.5.2.2 Arbitrary Load Distribution Case. In determining the elastic deformation of the pile, the assumption may be made that the soil-pile friction value is constant from tip to butt and that tip bearing is ignored. For a prismatic pile of one material, the butt movement shall be calculated by the expression:
D f = (P f L /AE) + 0.25 in., in which:
D f = Butt movement, in.
P f = Failure load, kips
L = Pile length, in.
A = Pile cross-sectional area, sq. in.
E = Modulus of elasticity of pile material, ksi.
1811.5.2.3 Actual Load Distribution Case. In determining the elastic deformation of the pile, the actual distribution of stress into the soil may be used provided that sufficient soil data have been obtained.
1811.5.2.4 A variation of the load capacity of a load-tested pile shall be allowed without additional load tests provided that the load capacity is derived primarily from skin friction. The change in load capacity for a single pile may be increased by not more than 20% with an increase in length of 20%. A decrease in length of not more that 10% may be accompanied with a decreased in capacity of 20%. Such stipulation shall be made in writing by a Louisiana Registered Civil Engineer experienced in geotechnical engineering if the pile foundation will be subject to downdrag forces, lateral loads, vibration loads, etc.
1811.5.2.5 Where the number of piles required for a structure is 100 or less, the load per pile does not exceed 150 psf of embedded pile area, and the actual pile penetration into the supporting soil is not less than 40 ft., the Director may waive, upon specific request, the load test requirements. The basis for such a waiver shall be data developed by the geotechnical investigation and geotechnical engineering analysis (see 1811.2 and 1811.5.1.7). The allowable load on a single pile shall not exceed the value determined by the geotechnical engineering analysis.
1811.5.2.6 The Director may, upon specific request, accept as adequate proof of the load capacity of a single pile, load test results from other piles subject to all of the following conditions.
1. The previously load-tested pile must be located within 300 ft. (measured in any direction) from the new pile in question, but not to exceed 500 ft. to the farthest footprint of the building or structure.
2. The load test(s) must have been performed on the same type and length of piles that are to be used at the new location.
3. Adequate soil information (see 1813.2 and 1811.5.1.7) establishes the geotechnical similarity of the soils at each location. The variations described in 1811.5.2.4 shall not be permitted in conjunction with this provision.
1811.5.3 Pile Group Capacity
1811.5.3.1. The supporting value of piles depending primarily on friction when driven in clusters or groups may be investigated on the basis of group perimeter shear by the expression:
Q a = (PLc / FS F )+ [2.6q u (1 + 0.2 w/b)] / FS B , in which:
Q a = Allowable load-carrying capacity of pile group, lb.
P = Perimeter distance of pile group, ft.
L = Length of pile, ft.
C = Average (weighted) cohesion or shear strength of material between the surface and the depth of the pile tip, psf.
u = Average unconfined compressive strength zone below pile tips, psf; the thickness of the zone shall consider the pile group size and shape, as well as the soil stratigraphy and soil properties.
W = Width of base of pile group, ft.
B = Length of base of pile group, ft.
A = Base area of pile group, sq. ft.
FS F = Factor of safety for the group friction area = 2
FS B = Factor of safety for the group base area = 3
1811.5.3.2 The soil properties (c and qu) used in the above formula shall be based on data obtained from the geotechnical investigation as described in 1811.2 and 1811.5.1.7. In the application of this formula, the weight of the piles, pile caps and mats, considering the effect of buoyancy, shall be included.
1811.5.4 Pile Splices
1811.5.4.1 Splices shall be such that the resultant vertical and lateral loads at the splice location are adequately transmitted. Splices shall be so constructed as to provide and maintain the joint integrity and position of the component parts of the pile during installation and in service.
1811.5.4.2 Technical data shall be submitted to the Director to substantiate the suitability of the splice(s) for the proposed application.
1811.5.4.3 The Director shall maintain a file of permitted splices so that repetitive submissions of technical data will not be necessary, unless factors involving a particular application so warrant.
1811.6 WOOD-CONCRETE COMPOSITE PILES
1811.6.1 Definition. A wood-concrete composite pile is defined as a pile having an untreated timber pile lower section and a steel cased cast-in-place concrete upper section. The butt of the untreated lower section shall be located in accordance with the requirements of 1811.5.1.5. The two sections shall be jointed by a mechanical connector approved by the Director.
1811.6.2 Materials. The timber section shall conform to the requirements of this Code; the concrete portion of the steel-cased cast-in-place concrete upper section also shall conform to the requirements of this Code. The steel casing shall be a minimum of 11-in. I.D. and sufficiently water tight to exclude water and foreign matter intrusion during concrete placement. The connector shall be manufactured or fabricated of structural grade steel and shall consist, in general, of a drive-shoe of 12 ga or thicker material that is firmly attached to the steel casing. The drive-shoe shall be capable of penetrating a minimum of 4 in. into the timber section.
1811.6.3 Allowable Stresses. The allowable unit stresses in the timber section shall conform to the requirements of the Code. The allowable unit stresses in the concrete of the steel-cased cast-in place concrete upper section also shall conform to the requirements of this Code. The concrete in the steel-cased case-in-place concrete upper section shall have a minimum design compressive strength (f'c) at 28 days 2,500 psi as measured on concrete cylinders made, stored, and tested in general accordance with ASTM procedures. The wood-concrete composite pile shall not be designed for single pile capacity in excess of 25 tons in compression nor shall it be designed for tension (uplift) loads.
1811.6.4 Splices. Except as provided for in this Section, the pile splice connector shall conform to the requirements of 1813.5.4. The splice shall withstand a minimum moment capacity of 4 ft.-kips, with no applied axial load. The splice shall withstand a minimum tensile force of 10 tons.
1811.6.5 Construction Considerations. After installation to final depth and immediately before filling with concrete, it should be verified and documented that the inside of the steel casing is clean from top to bottom and that it is not collapsed or otherwise damaged. Any accumulated water or other foreign matter in a casing shall be removed before placing the concrete. Concrete should not be placed until all piles within a radius of 40 ft. have been driven, or the driving within a 40-ft. Radius shall be discontinued until the concrete has been placed and adequate strength has developed. The concrete placed in the casing does not need to be vibrated, but care shall be taken in placing concrete to prevent the formulation of voids. High-slump concrete that is properly designed and proportioned may be used.
1811.7 HIGH-CAPACITY PILES
1811.7.1 General. This Section addresses prestressed concrete and steel piles that have allowable load capacities greater than 40 tons. These special provisions apply only to the transfer of stress into the pile caps. At the option of the Louisiana Registered Civil Engineer responsible for the foundation design, the use of high-capacity piles may be used, in which event, all applicable provisions of this Section shall apply.
1811.7.2 Precast Concrete Piling. The load from the pile shall be transferred to the concrete foundation over the area of the pile butt provided that:
1. An allowable working stress of 0.80 fc in the concrete foundation is not exceeded.
2. The distance from the centerline of the pile to the edge of the concrete foundation is at least 1.5 times the pile width or diameter, but not less than 2ft 6 inches.
3. The minimum f' c of the concrete foundation is 3,000 psi.
4. The minimum embedment of the pile into the concrete foundation is 6 inches.
5. Two-way continuous reinforcement is placed a minimum of 2 in. above the pile butt and its area per lineal foot in each direction shall be at least equal to the design pile load in kips divided by 3 times the yield stress of the reinforcement in kips per square inch.
1811.7.3 Steel Piling. In the case of steel piling, the load of the pile shall be transferred to the concrete foundation in either of two ways.
1. By bearing through a steel cap plate of a least the same dimension as the pile secured to and properly bearing on the pile butt and into the concrete mat foundation provided that:
1.1 An allowable working stress of 0.80f'c in the concrete foundation is not exceeded.
1.2 The distance from the centerline of pile to the edge of the concrete foundation is at least 1.5 times the pile width or diameter, but not less than 2 ft. 6 inches.
1.3 The minimum fc of the concrete foundation is 3,000 psi.
1.4 The minimum embedment of the pile into the concrete foundation is 6 inches.
1.5 Two-way continuous reinforcement is placed a minimum of 2 in. above the pile butt and its area per lineal foot in each direction shall be at least equal to the design pile load in kips divided by 3 times the yield stress of the reinforcement in kips per square inch.
2. By direct transfer from the pile into the concrete foundation provided that:
2.1 An allowable working stress of 12,000 psi in the concrete foundation is exceeded.
2.2 The minimum concrete foundation thickness is 3 feet.
2.3 The distance from the centerline of pile to the edge of the concrete foundation is at least 1.5 times the pile width or diameter, but not less than 2 ft. 6 inches.
2.4 The minimum fc of the concrete foundation is 3,000 psi.
2.5 The minimum embedment of the pile into the concrete foundation is 6 inches.
2.6 The maximum thickness of the pile material is 5/8 inches.
2.7 Two-way continuous reinforcement is placed a minimum of 2 in. above the pile butt and its area per lineal foot in each direction shall be at least equal to the design pile load in kips divided by 3 times the yield stress of the reinforcement in kips per square inch.
1811.8 ALTERNATIVES
1811.8.1 For either concrete or steel piling, any other approach following a rational analysis using accepted rules and theories of engineering mechanics and strength of materials, as well as recognized allowable stresses of materials as referenced in this Code shall be submitted to the Director for evaluation and approval.
1811.9 SPECIAL PILES AND SPECIAL CONDITIONS
1811.9.1 Pile types not specifically mentioned in Section 1813, including piles used to underpin and relevel existing structures, and piles under conditions not specifically covered in Section 1811, shall be permitted. The use of such piles is subject to the approval of the Director, upon submission of acceptable test data, calculations, and other information relative to the properties and load-carrying capacity of such piles. Test data shall consists of at least five (5) consecutive field tests which shall include, but shall not be limited to, the driving, loading, extraction, and examination of the piles. The calculations shall follow rational engineering analysis and they shall be performed by a Louisiana Registered Civil Engineer.
1811.10 COMBINATION PILES
1811.10.1 Individual segments of a combination pile shall comply with the requirements for piles of that type of section. Splices shall be in accordance with the requirements of 1813.5.4.
1811.11 LIGHTLY LOADED PILES
1811.11.1 General Requirements. For purposes of this document, a lightly loaded pile shall conform to the provisions of 1813.11.2. Lightly loaded piles shall comply with all applicable requirements of this Section except as provided in this Section. Piles shall be properly held in place or adequately tied together at their butt end. Pile butts shall be protected by a minimum of 3 in. of concrete around their perimeter. All piles for a building or structure shall extend to the same tip penetration and bear in the same stratum unless adequate provisions for differential settlement within the building or structure have been made. The Director shall be notified by the party installing the piles at least 24 hr. in advance of any pile driving.
1811.11.2 Size Requirements. Except as provided in this Section, timber piles depending predominantly on skin friction for their load-carrying capacity shall have a minimum tip diameter of 6 in. and a minimum butt diameter of 8 inches. Timber piles depending predominantly on tip bearing (end bearing) for their load-carrying capacity shall have a minimum tip diameter of 6 in. with a natural taper to the butt. Piles for accessory buildings 1,000 sq. ft. or less in area shall be treated timber piles having a minimum 4-3/4 in. tip diameter with a natural taper to the butt. Segmental jack-down piles of either concrete or steel that are mechanically connected, epoxied, or welded together, shall have a minimum outside dimension of 6 inches. Helical steel piles also may be acceptable to the Director. Cast-in-place concrete piles that have a minimum diameter of 6 in. and a maximum length of 10 ft. the last 2 ft. of which must penetrate into a supporting sand stratum, are also acceptable if verified by a geotechnical investigation performed in accordance with this Code.
1811.11.3 Design Requirements. Except as provided in this Section, the maximum allowable load capacity for a single pile shall not exceed 8 tons; an allowable load capacity of up to 12 tons may be permitted if substantiated by a geotechnical investigation and a pile load test. Piles for one- and two-family dwellings and their accessory buildings that comply with the size requirement of 1811.11.2 shall be exempt from the load test and may be designed as per 1811.12.2.3. The minimum pile spacing shall be 24 in. on center. The maximum load capacity limitations stated here refer to stresses in the pile material and not to the allowable load bearing value of the soil which may be more or less. The requirements of 1811.5.2.5 are applicable for lightly loaded piles except that the load per pile shall not exceed 90 psf of embedded pile area, the actual penetration into the supporting soil shall not be less than 30 ft. and a geotechnical investigation or a pile load test may not be required.
1811.11.4 Driving and Length Requirements. Except as noted in 1811.11.2, and unless driven to refusal, the minimum pile length shall be 30 feet. When refusal occurs between 7 and 30 ft. below the natural ground surface, the load bearing capacity of the pile shall not exceed the values shown in Table 1811.11.4, unless substantiated by a geotechnical investigation or a pile load test.
Table 1811.11.4
Maximum Allowable Single Pile
Load Capacity When Refusal Occurs
City of New Orleans, Louisiana
Pile Tip Embedment, ft. | Maximum Allowable Single Pile Capacity (Compression), tons
7 to 10 | 1
11 to 20 | 2
21 to 30 | 4
1811.11.5 Material Requirements. Lightly loaded timber piles shall conform to ASTM D25 except for size. Preservative and minimum final retention shall be in accordance with AWPA Standard C3. A certificate of treatment shall be furnished by the supplier.
1811.11.6 Wind Pressure and Computed Loads. Please refer to Section 16 in the IBC for guidance.
1811.12 LIGHTLY LOADED PILES - RESIDENTIAL
1811.12.1 Scope. This portion of the Code covers piles foundation design for one-and two-family dwellings. Because most of the areas within the City of New Orleans have either soils with low bearing values, exhibit initial and continuing subsidence, or require fill to reach grade, all foundations for residential structures will be supported by pile foundations except as provided for in 1811.12.2.4 and except in areas GM 19 and GM 20 (see map). When uncertainties exist, a geotechnical investigation should be conducted.
1811.12.2 Pile Foundations
1813.12.2.1 All pile foundations shall be designed by a Louisiana Registered Civil Engineer or Louisiana Registered Architect. Residential piles shall comply with all applicable requirements of 1811.12. Piles shall be properly held in place or adequately tied together at their butt end. Pile butts shall be protected by a minimum of 3 in. of concrete around their perimeter. All piles for a building or structure shall extend to the same depth and bear in the same stratum unless adequate provisions for differential settlement within the building or structure have been made. During construction, the contractor shall be responsible for vibration monitoring and control as needed for the protection of adjacent property. A notarized affidavit from the piling contractor is required to be submitted to the Department of Safety And Permits by the owner or general contractor. The affidavit shall substantiate the number, size, type, treatment, and embedment of the piles. The affidavit also shall contain a certification that the piles comply with this Code and the permit drawings.
1811.12.2.2 PILE SPECIFICATIONS — MINIMUM
1811.12.2.2.1 Piles shall be treated modified ANSI Class 5 timber piles. Modified Class 5 timber piles shall have a minimum tip diameter of 6 inches and a minimum butt diameter of 8 inches. For piles less than 30 ft. long, the tip diameter shall be at least 6 inches with a natural taper to the butt. Composite Class 5 piles including steel or concrete sections with a minimum 6 inches diameter are permitted with the use of an approved connector. Treated ANSI Class 9 timber piles shall have a minimum tip diameter of 4-3/4 inches with a natural taper to the butt. ANSI Class 9 piles may only be used for accessory structures of 1,000 square feet or less in area.
1811.12.2.2.2 PARTIALLY EXPOSED BUTT PILES - INCOMPLETE EMBEDMENT. Treated piles designed and used for partial exposure or incomplete embedment in the ground shall be ASTM D25 Southern pine and comply with Sections 1811.12.2.2.2 and 1811.12.2.2.2.1. For pilings that are exposed from grade a distance measured less than five (5) feet, a piling with a minimum 6" diameter tip and minimum 8" diameter butt shall be used. For pilings that are exposed from grade a distance measured five (5) feet or greater, a piling with a minimum 7" diameter tip and minimum 12" diameter tip shall be used. Treatment of pilings shall meet AWPA Standards P5-08, U1-08, T1-08, with retention equal to 1.6 pounds per cubic foot.
1811.12.2.2.2.1 CONNECTIONS FOR EXPOSED BUTT CONDITIONS. Connections from wood banding materials to piling shall be made of minimum diameter of 5/8-inch (5/8 inches), galvanized (or equivalent) steel connectors with a minimum 2-1/2 inches (2.5 inches) head or galvanized washer. A minimum of one-half (0.5) of the diameter of the butt end shall remain for connection of wood banding materials. In addition, a minimum of 3-1/2" (3.5 inches) shall remain of the diameter of the butt end shall remain for connection of wood banding materials. At least one of the sill members shall rest inside the notch of the piling. If this condition is not met, another member the width of the sill should be bolted into the side of the piling and below the sill for support. Any gaps between the sill and pile shall be filled with pressure treated (or equivalent) blocking.
1811.12.2.3 MAXIMUM PILE LOAD CAPACITIES (CLASS 5 AND 9) Maximum allowable pile load capacities have been established for various types and embedments of piles. These values are tabulated for each area and are shown below in Table 1811.12.2.3(1) for Class 5 pilings and Table 1811.12.2.3(2) for Class 9 pilings. Also, each area is delineated on maps on file with the Department of Safety and Permits. ANSI Class 9 piles may only be used for accessory structures of 1,000 square feet or less in area.
Table 1811.12.2.3(1)
Maximum Allowable Single Pile Load Capacity without Investigations or Load Tests
City of New Orleans, Louisiana
Maximum Allowable for Class 5 Pilings
Map Area | ANSI Pile Classification | Pile Tip Embedment, ft. | Single Pile Capacity, (Compression), tons
GM-1 | Class 5 | 30 | 5
GM-21 | Class 5 | 35 | 6
Class 5 | 40 | 8*
GM-2 | Class 5 | 30 | 5
GM-5 & GM-3 (1, 2, 3a, 4, 7) | Class 5 | 35 | 6
Class 5 | 30 | 7
GM-3 (3b, 6, 8) | Class 5 | 30 | 3
GM-8, GM-9 | Class 5 | 35 | 4
GM-12,GM-16, GM-17, GM-18 & GM-22 | Class 5 | 40 | 5
GM-4, GM-10, GM-11 & GM-15 | Class 5 | 18 - 33 | 8*♣
GM-6, GM-7, GM-13, GM-14 | Class 5 | 10 - 25 | 8*♣
* Pile tip embedded in sand stratum.
^ ANSI Class 9 piles to be used only for accessory buildings of 1,000 sq. ft. or less or utility usage.
♣ The allowable capacity of these piles is governed by 1811.11.4 unless a site-specific geotechnical investigation recommends otherwise. Areas not specifically covered in the above table or by the previously referenced maps shall require a geotechnical investigation.
1811.12.2.4 Requirements of the Code regarding the need for a pile foundation or the maximum design load capacity for the particular type of pile may be superseded by a geotechnical investigation that is performed on the site in accordance with 1811.2 or a pile load test which is performed in accordance with 1811.5.2. The Director may waive the distance requirement provided a written request, which demonstrates just cause for the waiver, is presented by a Louisiana Registered Civil Engineer or Louisiana Registered Architect.
1811.12.2.5 The minimum center-to-center pile spacing shall be the greater of 24 in. or 0.05 L where 'L' is the pile length in feet.
Table 1811.12.2.3(2)
Maximum Allowable Single Pile Load Capacity without Investigations or Load Tests
City of New Orleans, Louisiana
Maximum Allowable for Class 9 Pilings (ONLY PERMITTED FOR ACCESSORY STRUCTURES LESS THAN 1,000 SQ. FT.)
Map Area | ANSI Pile Classification | Pile Tip Embedment, ft. | Single Pile Capacity, (Compression), tons
GM-1 | Class 9 | 30 | 4^
GM-21 | Class 9 | 35 | 5*
GM-2 | Class 9 | 30 | 4^
GM-5 & GM-3 (1, 2, 3a, 4, 7) | Class 9 | 35 | 5
GM-3 (3b, 6, 8) | Class 9 | 30 | 2.5^
GM-8, GM-9 | Class 9 | 35 | 3
GM-12,GM-16, GM-17, GM-18 & GM-22 | Class 9 | 40 | 4
GM-4, GM-10, GM-11 & GM-15 | Class 9 | 18 - 33 | 5*^♣
GM-6, GM-7, GM-13, GM-14 | Class 9 | 10 - 25 | 5*^♣
* Pile tip embedded in sand stratum.
^ ANSI Class 9 piles to be used only for accessory buildings of 1,000 sq. ft. or less or utility usage.
♣ The allowable capacity of these piles is governed by 1813.11.4 unless a site-specific geotechnical investigation recommends otherwise. Areas not specifically covered in the above table or by the previously referenced maps shall require a geotechnical investigation.
1811.12.2.4 Requirements of the Code regarding the need for a pile foundation or the maximum design load capacity for the particular type of pile may be superseded by a geotechnical investigation that is performed on the site in accordance with 1811.2 or a pile load test which is performed in accordance with 1811.5.2. The Director may waive the distance requirement provided a written request, which demonstrates just cause for the waiver, is presented by a Louisiana Registered Civil Engineer or Louisiana Registered Architect.
1811.12.2.5 The minimum center-to-center pile spacing shall be the greater of 24 in. or 0.05 L where 'L' is the pile length in feet.
CHAPTER 27
ELECTRICAL
2701 - GENERAL
2701.1 - Scope - This chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of the 2020 National Electrical Code, (NFPA-70). Where there is conflict between a requirement of Chapter 27 and a requirement of the National Electrical Code, the requirement of Chapter 27 shall govern.
For low voltage installations refer to Section 2735 (E) - BASIC STANDARDS of this Chapter.
2702 - CERTIFIED ELECTRICAL CONTRACTOR OR ELECTRICIAN
Any person holding an electrical license issued by the Electrical Inspection Division of the Department of Safety and Permits is deemed a certified electrical contractor or electrician.
2703 - ELECTRICAL CONTRACTORS LICENSE REQUIREMENT
No person shall undertake any work as a Class "A" Electrical Contractor, Class "B" Fabrication Contractor, Class "C" Maintenance Electrician, Class "D" Journeyman Electrician, Class "E" Electrician Trainee, or Class "E" Student Trainee unless that person is registered with the Electrical Inspection Division of the Department of Safety and Permits and received a license in the respective classification. A person performing electrical work without the proper license shall be held in violation of this code.
2704 - CLASSIFICATION OF ELECTRICIANS
Class "A" Electrical Contractor - A Class "A" electrical license holder engaging in the business of installing or contracting to install or repairing or contracting to repair electrical conductors, motors, generators, fixtures, signs, or any electrical apparatus, equipment or material for all systems operating at a potential of forty-nine (49) volts or more.
Class "B" Fabrication Contractor - A Class "B" electrical license holder engaging in the business or contracting for the fabrication, assembly, and repair of electrical apparatus, equipment or material.
Class "C" Maintenance Electrician - A Class "C" electrical license holder who is employed as a Maintenance Electrician by a person, firm or corporation owning or operating any place of business. Said license is valid only while the Maintenance Electrician remains in the employment of a person, firm or corporation. A Maintenance Electrician may only perform work on existing electrical installations in the building or place of business in which he is employed.
No new electrical apparatus, equipment or material shall be installed under this classification.
Class "D" Journeyman Electrician - A Class "D" electrical license holder engaged in the trade of installing or repairing electrical materials or apparatus, equipment or material. A Journeyman electrician must be employed by and work under the supervision of a Class "A" Electrical Contractor.
If deemed necessary by the Director, the Class "D" Journeyman Electrician shall provide an employment record showing proof of employment with the designated Class "A" Electrical Contractor.
2705 - Supervision and Responsibility for Work
A licensed electrician of the proper classification shall be present at all times and in direct supervision in the actual work of installing, maintaining, altering or repairing electrical conductors, material or equipment for which a permit is required by this Code.
A Class "A" Electrical Contractor shall be liable and responsible for layout and technical supervision of any work which requires the securing of permits, and a Class "A" Electrical Contractor or a Class "D" Journeyman Electrician shall be in direct "on the job" supervision at the worksite for work carried out as specified within this Code. If such supervision and control is not being maintained, the Director shall take the necessary action for such violation or shall order the work to be discontinued. The person, firm or corporation to whom the permit has been issued shall discontinue further work until the Director is assured that proper supervision and control has been employed or supplied.
Nothing herein shall be construed as prohibiting the employment of a Class "E" Electrician Trainee to assist the duly licensed and qualified Class "A" Electrical Contractor or Class "D" Journeyman Electrician under the provisions of this Chapter. The numeric ratio of Class "E" Electrician Trainees to Class "A" Electrical Contractors or Class "D" Journeyman Electricians should be consistent with proper supervision, training, and safety. In no instance shall such ratio provide for more than three (3) Class "E" Electrician Trainees for every Class "A" Electrical Contractor or Class "D" Journeyman Electrician employed at the same jobsite unless approved by the Director.
Class "E" Electrician "Student Trainees" shall be under the same supervision, training and safety requirements and constraints as the Class "E" Electrician Trainee.
2706 - LICENSE APPLICATIONS
2706.1 General - Applicants for a Class "A" Electrical Contractor, Class "B" Fabrication Contractor, Class "C" Maintenance Electrician, Class "D" Journeyman Electrician, Class "E" Electrician Trainee and Class "E" Student Trainee license shall submit the application for certification, properly completed on forms furnished by the Electrical Inspection Division. All applications and renewals shall be made to the Director.
All license applicants shall meet the following requirements.
1. Each applicant shall pass the required electrical examination prior to the issuance of any new license issuance (except Class "E" Electrician Trainee and the Student Trainee).
2. Each applicant shall furnish to the Electrical Inspection Division two passport type photos, 1 inch by 1½ inches in size.
3. Each license shall identify the name of the person to whom the license is issued and the expiration date.
4. Each applicant must be at least eighteen (18) years of age.
5. Each applicant for a Class "A" or Class "B" license shall have had at least 5 years of experience in the occupation or business governed by the license for which he is applying; or be a graduate of a trade school or technical college of recognized standing and in addition have had four (4) years of practical experience in that class of occupation or business governed by the license for which he is applying.
6. Each applicant for a Class "A" or Class "B" license must have and maintain an established place of business and have someone in attendance in order to receive communications from the Electrical Inspection Division of the Department of Safety and Permits, or other persons concerned, during regular business hours.
7. A Class "A" Electrical or Class "B" Fabrication license holder shall represent only one firm, corporation or business at any one time.
8. A license holder must have his license in his immediate possession at all times when performing work for which he is certified and shall display it upon demand of an agent of the Department of Safety and Permits.
2706.1.1 - Each Applicant for a Class "C" Maintenance Electrician license must have had at least five (5) years of experience working under the supervision of a Class "A" Electrical Contractor in that particular line or class of occupation in which he desires to engage.
2706.1.2 - Each applicant for a Class "D" Journeyman Electrician license must have at least five (5) years continuous experience working at the electrical trade as an electrician trainee or have a minimum of four (4) years of schooling in the electrical trade at a recognized state trade school or a state approved apprenticeship training program and must have a passing grade in the above programs, plus four (4) years of experience working as an electrician trainee.
2706.1.3 - Each applicant for a Class "E" Electrician Trainee license must have a letter of recommendation from a certified Class "A" Electrical Contractor recommending the applicant for licensing. An individual may not hold a Class "E" Electrician Trainee license for more than five (5) years from the initial issue date. Note: Any exception to this time limit for a longer or extended period must be in writing to and with the written approval of the Director.
2706.2 - Duration of License - All Class "A", "B", "C", "D" & "E" licenses issued under this Code expire on the applicant's date of birth.
For the initial license, the expiration date shall be on the date of birth in the year following the date of issuance. Licenses that have been expired for a period of up to two (2) years shall be renewed only after payment of the license registration fee and required delinquent fees.
Licenses that have been expired for a period of more than two (2) years shall require an application as a new candidate.
2706.3 - License Issuance - When a candidate passes the examination, the original examination results and the completed application for the appropriate license must be submitted to the Electrical Inspection Division to qualify for license issuance. The appropriate license must be obtained by the qualified applicant within one year of the examination date. The issued license must be signed by the Director or his designee.
2706.4 - Revoked License - Licenses issued under this code may be revoked for any reason or finding defined in Section 2706.5. Upon such finding the Director may order such revocation. However, the Director may find that the public interest is adequately protected by a warning or a suspension for a definite period of time not to exceed two years. No license shall be suspended or revoked except by the Director. Upon revocation, the Director shall not accept an application for a new license or a renewal within two (2) years from the date of such revocation, except for medical recovery supported by a physician's opinion, after Directors review and approval.
2706.4.1 - Code Violation Hearing - If needed, the Chief Electrical Inspector shall initiate a hearing, in conjunction with the Chief Building Official and the Director, to review a code violation he has determined to exist, that would affect any electrical license issued by the Electrical Inspection Division to be suspended or revoked.
2706.5 - Revocation and Suspension Reasons
1. Interfering, impeding, or obstructing the legal operation of, or intentionally damaging, any item governed by this Code. In addition, threatening, abusing, insulting, interfering with, impeding or obstructing any individuals in connection with the operations or inspections of any equipment regulated by this code, or the administration of this Code.
2. Violating, on more than one occasion, either willfully or maliciously, or by reason of incompetence, any provision of this code
3. Conviction of any offense involving the defrauding of any person for whom a service has been rendered or contracted to be rendered under this chapter.
4. Fraud or misrepresentation in obtaining a license or permit.
5. Conviction of drunkenness or the use of narcotics.
6. Adjudication of insanity.
7. Securing a permit for electrical work not actually performed by the Class "A" Electrical Contractor or by certified (licensed) individuals under his control, supervision, direction and responsibility.
8. Securing a permit under any pretext for an installation concerning which the applicant has no valid contract.
9. Performing any electrical work as defined herein for which no electrical permit has been obtained.
10. Refusing to finish the electrical work for which a permit was taken and for which full payment has been accepted.
11. Performing any electrical work as defined herein for which an electrical permit has been obtained and which work is being performed by improperly certified (licensed) individuals under his control, supervision, direction and responsibility.
12. False, misleading or deceptive advertising.
13. Any medical reason wherein a physician's medical opinion is provided to the Director indicating that the person certified is unable to satisfactorily perform the duties and functions expected of a Class "A", Class "B", Class "C", Class "D", or Class "E" Electrical license holder, and that any further performance in the electrical field would be a danger to himself and endanger the life and property of others.
2706.6 - Notice of revocation or suspension hearing. A notice shall be served upon the holder of the license stating the time and place of the hearing to be held by the Director. The notice shall be sent by the Director and shall enumerate the cause or causes for suspending or revoking the license. The notice may be mailed by registered or certified mail to the holder of the license at the address of his place of business as given by him on his application for the license, or it may be served on him in person by a Police Officer or employee of the Department of Safety and Permits.
2706.7 Appeal Procedure. An appeal from the decision of the Director may be taken to the Board of Building Standards and Appeals, within ten (10) days of written notification to the appellant.
2707 - INSURANCE
Before a Class "A" Electrical Contractor or a Class "B" Fabrication Contractor license is issued or renewed, each certified Class "A" Electrical Contractor or Class "B" Fabrication Contractor must provide evidence of the following to the Director when he registers with the Electrical Inspection Division.
2707.1 - MINIMUM INSURANCE REQUIREMENTS:
(1) Workers' Compensation Insurance in accordance with Louisiana state law.
(2) Comprehensive general liability insurance coverage with limits of not less than $500,000 per occurrence for bodily injury and $250,000 per occurrence for property damage, with coverage extended as follows:
(A) Operations-premises liability:
(B) Independent contractor's liability-broad form:
(C) Contractual liability - broad form:
(D) Completed operations and products liability.
The required insurance shall be issued by a company duly registered and authorized to write such insurance in the State of Louisiana. Compliance with this section shall be considered as having been met when a copy of the policy, or a license of insurance has been filed with and approved by the Department of Safety and Permits.
The policy shall include an endorsement that the Department of Safety and Permits will be notified at least 10 days in advance in the event the policy or policies are canceled or permitted to lapse by not renewing before the expiration date of the license.
2708 - FEDERAL IDENTIFICATION NUMBER AND OCCUPATIONAL LICENSE
Before a Class "A" Electrical Contractor or a Class "B" Fabrication Contractor license is issued or renewed, each certified Class "A" Electrical Contractor or Class "B" Fabrication Contractor must provide his Federal Identification (ID) number and his City of New Orleans Occupational License Number or Certificate of Registration Number to the Director when he registers with the Electrical Inspection Division.
2709 - APPLICATIONS FOR EXAMINATION AND LICENSES
All examination applications shall be made directly to the nationally recognized testing company approved by the City of New Orleans prior to the deadline dates published in accordance with their information brochure.
2710 - EXAMINATIONS
1. The written examination for a Class "A" Electrical Contractor and a Class "B" Fabrication Contractor shall include the following:
a. National Electric Code, (NFPA-70) questions,
b. Practical wiring questions,
c. Practical questions on electrical equipment,
2. The written examination for a Class "C" Maintenance Electrician and a Class "D" Journeyman Electrician shall include the following:
a. National Electric Code, (NFPA-70) questions,
b. Practical wiring questions,
c. Practical questions on electrical equipment.
2711 - RE-EXAMINATIONS
If an applicant fails to make a passing grade on the required examination, he is permitted to apply to be re-examined at the next regularly scheduled examination date. There is no limit to the number of examinations a candidate is allowed to take.
2712 - LICENSE FEES
To obtain an initial license, or renew a license, an applicant shall pay the applicable annual license fee as follows:
Type | License
Class "A" Electrical Contractor ..... | $125.00
Class "A" Electrical Contractor (INACTIVE) ..... | $30.00
Class "B" Fabrication Contractor ..... | $125.00
Class "C" Maintenance Electrician ..... | $60.00
Class "D" Journeyman Electrician ..... | $60.00
Class "E" Electrician Trainee ..... | $30.00
License fees shall be made payable to "The City of New Orleans". Payment shall be made prior to license issuance. Examination fees are established by and paid directly to the nationally recognized testing company under contract with the City of New Orleans. No examination fees are to be directed to the Electrical Inspection Division or made payable to the "City of New Orleans." Licenses may be renewed for one or two years with annual fees due accordingly. In the case of two-year renewals, licensees are required to provide proof of insurance annually.
2712.1 - ACCEPTANCE OF OTHER JURISDICTIONAL CERTIFICATION
The Electrical Inspection Division of the Department of Safety and Permits will extend to an electrical contractor or journeyman electrician, that is licensed in another jurisdiction, the recognition and acceptance of his certification without the requirement of additional examination provided that the jurisdiction requires passing of an examination given by a nationally recognized testing agency before issuance of such license.
If approved by the Director, the applicant shall present a copy of his license for the City of New Orleans files and complete the necessary applications set forth by the Electrical Inspection Division of the City of New Orleans. The applicant shall pay the appropriate fee for the classification of license for which he is applying.
2713 - PAYMENT OF FEES: DATES FOR RENEWAL OF ACTIVE LICENSES
The initial license registration fee shall be paid to the Electrical Inspection Division at the time the application for the license is presented.
The renewal license registration fee is due and payable to the Electrical Inspection Division on or before the first regular day of business after the applicant's date of birth. No renewal license shall be issued unless all work specified on permit(s) filed more than three (3) months prior to the applicant's date of birth has been completed, or a written reason, sufficient to the Director, has been submitted and approved, indicating why the job installation(s) remains incomplete.
A license issued at any time during any calendar year shall expire, unless sooner revoked, on the applicant's date of birth. Application and renewal fees for the license renewal for the subsequent year shall be submitted to the Electrical Inspection Division prior to the first regular day of business after the applicant's date of birth.
Should a Class "A" Electrical Contractor or a Class "B" Fabrication Contractor fail to renew his license prior to the first regular day of business after his date of birth, or fail to complete the work specified on his permit(s) issued more than three (3) months prior to his date of birth without explanation, a delinquent fee of ten ($10.00) per month shall be added to the renewal fee beginning on the first regular day of business after his date of birth and extending through his date of birth in the following year.
No permit application shall be processed, nor shall any permit be issued to any applicant who has not been issued a current active license for the year of the permit application.
Failure to renew a Class "A" Electrical Contractor or a Class "B" Fabrication Contractor license that has been expired for more than a one (1) year period shall require examination as a new applicant.
Should a Class "C" Maintenance Electrician license holder fail to renew his license prior to the first regular day of business after his date of birth a delinquent fee of five ($5.00) per month shall be added to the renewal fee beginning on the first regular day of business after his date of birth and extending through his date of birth in the following year. Should a Class "D" Journeyman Electrician license holder fail to renew his license prior to the first regular day of business after his date of birth a delinquent fee of five ($5.00) per month shall be added to the renewal fee beginning on the first regular day of business after his date of birth and extending through his date of birth in the following year.
Failure to renew the Class "C", or Class "D" license that has been expired for more than a one (1) year period shall require examination as a new applicant.
Should a Class "E" Electrician Trainee fail to renew his license prior to the first regular day of business after his date of birth a delinquent fee of five ($5.00) per month shall be added to the renewal fee beginning on the first regular day of business after his date of birth and extending through his date of birth in the following year.
The Class "E" five (5) year license time limit for the applicant remains unchanged from his initial issued date, regardless of failure to renew his license in a timely manner.
The Class "E" "Student Trainee" three (3) issue limit remains unchanged from his initial issuance date. Any subsequent issue of this license shall not be considered as a renewal or a continuation of any previous issue.
2714 - INACTIVE LICENSE
A Class "A" Electrical Contractor may, by written request to and approval of the Director, change his license to an inactive status. The Class "A" Electrical Contractor that has changed his license to inactive, must maintain his inactive license in a current status by paying the annual renewal fee as required in this Code. The inactive status license must be renewed each year and the Director must be notified in writing that the contractor desires to remain in the inactive status for the ensuing year. There shall be no limit to the number of years the Class "A" Electrical Contractor may continue to carry his license in this inactive status No license renewal shall be made for any Class "A" Electrical Contractor that has allowed his inactive license to lapse and remain lapsed for a period of more than (2) years, until he has passed an examination as a new applicant.
The inactive Class "A" license shall expire on his date of birth in the following year. The Class "A" Electrical Contractor may revert his license back to an active status by a written request to and approval by the Director. Reverting the license back to the active status requires the payment of the full active fee as required in this Code.
No Class "A" Electrical Contractor shall engage in business as an electrical contractor while his license is in an inactive status. An inactive license holder can, however engage in electrical work under the supervision of an active Class "A" license holder. Only one change to an inactive status is allowed during any twelve (12) month period.
2715 - PROHIBITION AGAINST LICENSE TRANSFER
No Class "A" or Class "B" Electrical license holder shall assign or in any way convey his license to anyone by power of attorney or any other process or become involved in any type of agreement, assignment or use whereby he will not have supervision, direction, control or responsibility for the electrical work for which he has obtained an electrical permit from the Electrical Inspection Division of the Department of Safety and Permits.
No Class "C", Class "D" or Class "E" Electrical license holder shall assign or in any way convey his license to anyone by power of attorney or any other processor become involved in any type of agreement, assignment or use whereby he will not have control of his own issued license.
2716 - LIMITATIONS OF LICENSE
A Class "A" Electrical license holder or Class "B" Fabrication license holder shall be limited to operations described in this Code. The use of his license shall not be applicable to more than one electrical contracting firm, company or corporation at one time. The license holder shall be allowed to file electrical permits only for the firm of which he is employed and registered in accordance with this Code.
A Class "C" Maintenance Electrician shall not engage in the business of installing or repairing electrical wiring and apparatus outside the plant or premises of the person, firm or corporation by whom he is employed.
A Class "D" Journeyman Electrician shall be limited to operations described in this Code. A Class "E" Electrician Trainee and "Student Trainee" shall be limited to operations described in this Code.
2717 - ELECTRICIAN'S AND OWNER'S RESPONSIBILITIES
(A) The Class "A" Electrical Contractor license holder shall keep on file with the Director, a letter designating which person, partnership, firm or corporation he/she represents. He/she shall notify the Director within ten days of any status change. The Class "A" Electrical Contractor license holder shall represent only one person, partnership, firm or corporation.
(B) Every Class "A" license holder certified in accordance with these regulations shall be responsible for any defects of construction installed by him/her until such time as a Certificate of Approval has been issued by the Director. Also, any and all defects (discrepancies) that may have been concealed by such Class "A" Electrical Contractor and discovered after a Certificate Approval has been issued shall be the responsibility of and corrected by said Class "A" Electrical Contractor.
At the discretion of the Director, inspections may be withheld until all outstanding discrepancies on the same installation, which are in violation of the Code, have been corrected by the Class "A" Electrical Contractor.
(C) A Class "C" Maintenance Electrician or a Class "A" Electrical Contractor with a maintenance contract shall be required in any building that requires an operating (stationary) engineer as defined in the amendments to the International Mechanical Code, 2021 Edition.
The Class "C" Maintenance Electrician or the Class "A" Electrical Contractor with the maintenance contract, shall file an annual inspection report with the Electrical Inspection Division. This inspection report shall be to inspect the current electrical service or apparatus in the building designated within, or contracted as a part of, the maintenance responsibilities.
If electrical discrepancies or new electrical installations are discovered to exist as a result of this inspection, notification of same will be provided to the owner of the building or the "on-site" representative of the person, firm or corporation utilizing the building.
(D) All power and control wiring shall be installed by a Class "A" Electrical license holder.
Exception: Control wiring for HVAC appliances and electric water heaters ONLY (120 volts or less) may be installed by a non-electrical contractor.
The installing non-electrical contractor must be a licensed Class "A" Master Gasfitter, Master Plumber or a Class "A" Air Conditioning and Refrigeration Contractor.
The Electrical Inspection Division shall inspect the installation of all jacketed cable-only control wiring systems governed by this exception.
The Electrical Division shall inspect all control wiring systems installed in raceways.
All wiring must be installed in accordance with the National Electric Code, (NFPA-70) and this Code.
(1) All wiring for electrical appliances shall be supplied and installed from the main source of electric service through a remote disconnect switch to the electrical appliance by a Class "A" Electrical Contractor.
Exception: On the installation of HVAC appliances and electric water heaters, [ten tons, ten tons including supplemental heat, or ten kw or less] a non-electrical contractor may make ONLY the final electrical connections from the existing remote disconnect switch to the replaced unit, not to exceed eight feet.
If a remote disconnect switch is not present or is not within eight feet of the electrical appliance, a remote disconnect switch must be installed and the distance location must be corrected by a Class "A" Electrical Contractor.
(2) The installing non-electrical contractor must be a licensed Master Plumber, Class "A" Master Gasfitter, or Class "A" Air Conditioning and Refrigeration Contractor.
The non-electrical contractors may troubleshoot or replace factory installed power elements that are a part of the appliance only when these power elements or the unit in which they are contained conform to standard electrical materials.
(E) A Class "A" Electrical license shall not be required for the following allied contractors who are performing only their trade work on a system or apparatus having electrical work regulated by this code:
1. Plumbing
2. Air Conditioning and Refrigeration, (HVAC.)
3. Gasfitting
4. Sheet metal
5. Insulating
6. Operating (stationary) Engineers as defined in the amendments to the International Mechanical Code, 2021 Edition.
(F) Whenever a Class "A" Electrical Contractor is replaced by another Class "A" Electrical Contractor in order to complete an electrical installation, the succeeding Class "A" Electrical Contractor must provide the following in order to take over the job:
1. A letter from the owner or prime contractor to the Director attesting that the original Class "A" Electrical Contractor will no longer be utilized for the electrical installation at the listed job;
2. File a new permit application for the entire electrical installation;
3. Pay all fees, with the amount of the fees based upon the total required for the new application less the amount already paid by the original Class "A" Electrical Contractor.
Whenever a Class "A" Electrical Contractor replaces another, he/she then becomes the Class "A" Electrical Contractor of record for the entire electrical installation. All future correspondence from the Electrical Inspection Division regarding that installation will be directed to the new Class "A" Electrical Contractor. Any deviation from the above due to extenuating circumstances must be coordinated in writing to and with the approval of the Director.
2718 - PERMIT REQUIRED
(1) Every Class "A" license holder proposing to install, repair or alter any electrical equipment or wires designated to carry electricity at a potential of forty-nine (49) volts or more for any purpose or service in or on any building or premises, shall file an application for a permit with the Electrical Inspection Division of the Department of Safety and Permits.
Permit applications shall only be accepted from Class "A" or Class "B" license holders with current and active licenses and when properly completed and signed by the license holder.
No work may be commenced until the permit application is approved and the acceptance is acknowledged by the Electrical Inspection Division, except when failure to commence the work would be life threatening or the work is an emergency due to a disaster or any uncontrolled event or occurrence.
The permit fee for any work commenced prior to obtaining the required permit, excepting the emergency or life threatening conditions, shall be the listed permit fee plus a fee of five (5) times the listed fee for such work. The determination of the extent of the amount of the fee for violations of this section, by any Contractor, shall be in the discretion of the Director.
The applications for permits shall be in accordance with application forms provided by the Electrical Inspection Division of the Department of Safety and Permits.
A permit shall be construed to be authorization to proceed with the work and shall NOT be construed as authority to violate, cancel, alter, or set aside any of the provisions of this Code, or any other ordinances adopted by the City of New Orleans, including the Comprehensive Zoning Ordinance nor shall such issuance of a permit prevent the Director from thereafter requiring a correction of errors in plans or in construction, or of violations of this Code.
Every issued permit shall become invalid:
1. if the work authorized by the permit is not commenced within six (6) months after its issuance, or
2. if the work authorized by the permit is suspended for more than six (6) months after its issuance, or
3. If the work authorized by the permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. One or more extensions of time, for periods of not more than ninety (90) days each, may be allowed for the permit. The extension must be requested in writing and justifiable cause demonstrated to the Director. When an extension is granted it shall be in writing by him.
(2) If deemed necessary, upon request by the Director, The Class "A" Electrical Contractor proposing to install any electrical apparatus shall provide a written contract or affidavit between him and the owner/general contractor. The contract or affidavit shall indicate the scope of the work to be accomplished at the job location by the Class "A" Electrical Contractor.
2719 - CONSTRUCTION DOCUMENTS:
Construction documents involving electrical installations are to be submitted at the time of application for building permits, as provided in Section 106 - Construction Documents of these New Orleans Amendments for details.
2720 - CERTIFICATES OF APPROVAL
The Director or his designee shall sign and issue all Certificates of Approval for the installation, repair or alteration of all electrical work. Said certificate shall not be issued until all work has been inspected and found to comply with all the requirements of National Electric Code, (NFPA-70), and this Code. Said certificate shall contain electrical data, name of the owner or owners, and exact location of the building or premises where the installed work was accomplished.
The Director shall keep a record of the equipment inspected in each building giving the description of the equipment, the name of the owner or owners of the building, the inspection date and the amount collected for such inspections and the name of the installer for whom the inspection was made.
2721 - SPECIAL EVENTS: WIRING
A Special Event includes but is not limited to fairs, festivals, carnivals, circuses, road shows, trade shows, concerts, displays, expositions and such other functions with a temporary status generally taking place outdoors and indoors at a permanent location or building utilizing the electrical service at that location or building for electric service to support the Special Event. This includes the temporary installation of wiring or electrical equipment of any description to be powered by the use of any self-generated power equipment rented or owned by any of the types of Special Event.
A permit is required for the Special Event temporary installation wiring or electric equipment of any description.
All Certificates of Approval issued for Special Events wiring or electrical equipment of any description may be revoked at the discretion of the Director if the continued use of such wiring or electrical equipment for the Special Event is deemed unsafe and not in the interest of the safety, health and welfare of the general public for which the event was initially allowed.
All permits shall automatically expire at the end of ninety (90) days.
2722 - CONNECTION OF ELECTRIC SERVICE
The Director has the sole responsibility and shall notify and authorize the Utility Company, via facsimile or telephone, to make the final electric meter connection of the building or premises electric system to the Utility Company's service facilities. To follow this authorization, the Director shall issue an "Entergy Permit & Inspection Desk Electrical Meter Release Authorization" form for that designated municipal address of the electric meter installation. No other person, firm or corporation shall be authorized to make the final connection.
The connection of electricity from a privately owned source of electric supply to electrical wiring system or equipment within or on any building or premises shall not be made until a special permit is secured from the Director authorizing such connections.
2723 - ELECTRICAL METER RELEASE STIPULATIONS
(a) If any municipal address or location has been without electric service for a period of time exceeding six (6) months, an electrical permit must be obtained and an inspection must be made in accordance with this Code, before the electric service can be reconnected.
(b) "Entergy Permit & Inspection Desk electric Meter Release Authorization" approvals, issued for electrical meter service connection by the Utility Company within residential, commercial or industrial establishments, shall expire six (6) months from the date of issuance to the Utility Company. If a meter is not installed prior to the expiration date a new release authorization shall be required.
The new release authorization shall be issued only after a re-inspection of the location has been made by the Director.
2724 - DISCONTINUANCE OF ELECTRIC SERVICE
(A) If the Director determines the construction, repair or installation of any electrical wiring, appliance or equipment at any municipal address or location to be in a dangerous, hazardous or perilous condition and imminently threatening to the safety, health and welfare of the users, occupants or the general public, immediate notification shall be given to the Utility Company to disconnect the meter or remove the electric service to the building or location. No utility service shall be resumed until the necessary corrections have been completed as required by this Code.
(B) If the Director determines any electrical installation, wiring, equipment or appliances in any building to be unsafe or in a dangerous condition, or any electrical construction, installation, or repair work has been installed or is being used in violation of this Code or is being used in violation of the use provisions of the Comprehensive Zoning Ordinance, as interpreted by the Director in his authority pursuant to the City of New Orleans Home Rule Charter and such violations have not been corrected within ten (10) days of such determination, the Director shall send written notice to the person, firm or corporation responsible for the violation(s) to correct the condition(s) within the time specified in the written notice. This period may not be extended except by written permission from the Director.
Failure to comply with this notice shall empower the Director to:
1. request that charges be filed in the Municipal Court of the City of New Orleans; and
2. seek relief through Civil District Court or another Court of competent jurisdiction; and
3. notify as provided in Chapter 6, Article II, of the Code of the City of New Orleans.
If the above Courts and/or Administrative Agency determination that the owner and person is in violation of the provisions of this Code or the provisions of the Comprehensive Zoning Ordinance and such violations have not been corrected within 10 days of said determination, the Director shall have authority to discontinue the service of the utility company until such time the violations have been corrected. When the violations have been corrected and the location is re-inspected by the Director, he shall notify the utility company that the electrical service may be reconnected.
The Zoning Administrator must ascertain, and corroborate to the Director, that the Zoning violations have been corrected prior to reconnecting the utility service.
2725 - WORK BY OTHER THAN ELECTRICAL CONTRACTORS
No person, firm or corporation, erecting, repairing, or altering buildings, erecting signs, altering, changing or installing plumbing or engaged in any other work shall close in or conceal any wiring or raceways nor cut, break, destroy, disconnect or in any other manner interfere with the arrangements of any electrical conductors or appliances whatever inside or outside of any building or premises without receiving a permit from the Director; before the permit is issued, the person, firm or corporation shall serve the Director with a written notice at least forty-eight (48) hours before the contemplated work is to be commenced. The work of altering, changing or disconnecting electrical conductors or appliances must be done under the supervision of a Class "A" Electrical license holder.
2726 - DISPLAY OF CONTRACTOR'S SIGN, PUBLIC ADVERTISING OR ADVERTISEMENT OF SERVICES
Every location where work of an electrical nature is being done shall have displayed on a conspicuous place in front, an identifying sign indicating electrical work is being performed, and the words "CLASS "A" ELECTRICAL CONTRACTOR" in letters not less than two (2) inches high. The display of such a sign by other than a duly certified Class "A" Electrical Contractor shall constitute a violation of this Code.
The sign shall contain the license number of the Class "A" Electrical Contractor, and the name, address, and telephone number of the firm or corporation in letters not less than two (2) inches high.
Every Class "A" Electrical Contractor shall install a sign on each work vehicle utilized in the performance of his duties and responsibilities as a Class "A" Electrical Contractor as defined in Section 2705 of this Code. The vehicle sign shall contain the license number of the Class "A" Electrical Contractor, and the name, address and the telephone number of the firm or corporation, in letters not less than two (2) inches high.
Every Class "A" Electrical Contractor advertising or proposing to advertise to the general public for the purposes of obtaining any of the types of electrical work as defined in this Code, shall provide his license number, and the name, address and telephone number of the firm or corporation. The display of a sign or advertising for the purposes of obtaining work by a person other than the duly certified Class "A" Electrical Contractor constitutes a violation of this Code. False, misleading or deceptive advertising shall constitute an attempt to circumvent the general health, welfare and safety of the public and shall constitute a violation of this Code.
2727 - FEES FOR ADDED INSPECTIONS
1. Wasted Trip Inspection - When a Class "A" license holder, after notice has been given by the Director, is found to have violated any of the requirements of this Code, or when through any such violation by any Class "A" license holder doing the work, it shall become necessary to make extra inspections because of a wasted trip, a fee of $190.00 shall be charged. This charge is for each and any extra inspections made necessary as a result of incomplete work, inaccessibility to perform the inspection or for alterations to work previously accepted. This fee is in addition to any regular required permit fees and shall be received before any further inspections are made by the Electrical Inspection Division.
2. Fire Marshal Inspection - When any person, firm or corporation requests a complete electrical inspection of existing installations to comply with the State Fire Marshal Act, a fee of $30.00 shall be charged.
3. After Hour Inspections - When a person, firm or corporation requests an inspection of installed electrical equipment to be performed at a time other than the designated working hours of the Electrical Inspectors of the Department of Safety and Permits a fee shall be charged. The request and reason for the after hour inspection must be made to and approved by the Director for inspector assignment. A fee of $220.00 shall be paid by the person, firm or corporation requesting the after hour inspection. Payment of this fee must be made to the "City of New Orleans" within forty- eight (48) hours of the request for the inspection and is to be paid in addition to any regular required permit fees in this Code. No further inspections are to be made by the Electrical Inspection Division until the required fee has been received.
2728 - EXEMPTIONS
The provisions in this Chapter do not apply to Companies regulated by the Louisiana Public Service Commission, or the Council of the City of New Orleans, with the following exceptions.
1. Telephone and telegraph companies - a permit is required where electrical work is performed on the primary side of the source of power from the Utility Company at a voltage over fifty (50) volts and which consumes more than five hundred (500) watts of energy.
2. Utility Company - a permit is required where electrical work is performed on the secondary side of the source of power from the Utility Company.
3. Regional Transit Authority (RTA) - a permit is required where electrical work is performed on the secondary side of the source of power from the Utility Company.
2729 - PLENUM SPACES
If it is necessary to install electrical equipment in plenum spaces used for supply or return air systems, see International Building Code, 2021 Edition and the 2020 National Electric Code, (NFPA-70), for requirements.
2730 - EMERGENCY SYSTEMS, EXIT AND EMERGENCY ILLUMINATION
Means of egress shall be illuminated at all times in accordance with the International Building Code, 2015 Edition and the National Electric Code, (NFPA-70).
2731 - TEMPORARY DECORATIVE LIGHTING
No person, firm or corporation shall install wiring of a temporary decorative character in or about any municipal address or location without having first secured from the Director written permission authorizing the work to be installed. The Director shall be authorized to grant written and limited approval for any temporary installations which may, in his opinion, be necessary. Temporary installations of decorative lighting of residences or their premises otherwise complying with this Code may be exempted from this requirement by the Director.
Temporary as defined within this Section shall include seasonal or holiday installations lasting for a limited time not to exceed thirty (30) days.
2732 - ELECTRICAL SIGNS
Before any electrically illuminated or electrically powered sign may be erected or placed in position upon, above, or attached to the outside of any building, structure or premises, an electrical permit shall be secured from the Director.
The sign erector shall also secure a building permit prior to the erection of such sign as required by The International Building Code, 2021 Edition, as amended, Section 3107, signed by a Class "A" Electrical license holder, acknowledging intention to erect and notify the Director when the installation is completed. When an erector has been determined to be in violation of the Code and refuses to correct same, no further permits will be issued to him/her. All sign contractors shall be properly registered pursuant to Chapter 134 of the City Code.
Written notice shall be given by the sign contractor and by the Class "A" license holder to the Director upon completion of the installations. The Director shall then inspect the sign and determine whether or not it is installed in conformity with applicable ordinances.
Signs that are approved and labeled and such signs of billboard type, skeleton, ornamental, lettering and neon tubing inside and outside of buildings, which are wired in conformity with the National Electric Code, (NFPA-70) shall be considered as being in conformity with the requirements of this Code. Electric service shall not be connected to any sign or billboard until all work on same is completed, and then only when the Certificate of Approval is issued by the Director and the electric meter authorization is issued to the Utility Company.
2733 - AUTOMATIC EARLY WARNING PROTECTIVE DEVICES
Early warning protective devices shall conform to The International Building Code, 2015 [2021] Edition, as amended.
2734 - FEES: PERMITS
(A) The electrical permit fee schedule is as follows:
1. Forty dollars ($40.00) per construction loop (All construction loop permits issued may be revoked at any time at the discretion of the Director, however all such permits shall automatically expire at the end of ninety (90) days with the exception of those providing required construction power to the project still under construction.)
2. Forty dollars ($40.00) minimum per permit application for all installations, plus (A) & (B) below:
(A) Thirty cents (.30) per ampere of service or protective device rating.
(B) Three dollars ($3.00) per connected circuit in each and every panel. (Within the meaning of the terms of this code, each main feeder, sub-main or branch circuit for power, light or any other purpose or service shall be considered a circuit. Each fused or other type of automatic cutout protected wire of a final branch multi-wire circuit shall be also be considered a circuit.)
3. A minimum fee of forty dollars ($40.00) shall apply for the repair or replacement of any existing electrical equipment of the same capacity, excluding circuits and service.
4. A fee of forty dollars ($40.00) shall apply for each illuminated sign, whether indoors or outdoors.
5. A fee of sixty dollars ($60.00) shall apply to each Elevator, Moving Stair, Dumbwaiter, and man lift.
6. A fee of sixty dollars ($60.00) shall apply for any elevator repair work, modernization or current changeover.
7. A fee of forty dollars ($40.00) shall apply for change of address.
8. A fee of forty dollars ($40.00) shall apply for low voltage.
2735 - BASIC STANDARDS
(A) No electrical work for light, heat or power shall be installed or placed in or on any building, structure or premises, unless this work is in conformity with current approved methods of construction. Compliance with the regulations in the National Electric Code, (NFPA-70) shall be prima facie evidence of conformity with such approved methods. No electrical equipment shall be installed below grade elevation, including service, switchboards and panel boards.
(B) All installed electrical wiring shall conform to the requirements of the International Building Code, 2021 Edition, as amended, the 2020 National Electric Code, (NFPA-70) and such other applicable safety codes as enforced by the Department of Safety and Permits.
(C) All electrical devices, fittings, materials, equipment, and appliances shall be those approved for the purpose for which they are used. Only such electrical devices, fittings, materials, equipment, and appliances, that are constructed in conformity with their listing or labeled by a testing laboratory acceptable to the Director, shall be installed. The satisfactory listing or labeling of these devices, fittings, materials, equipment, and appliances shall be prima facie evidence of conformity with the requirements of this Code.
(D) The Director or his designee is hereby authorized to seize, de-energize or cause to make inoperable any electrical apparatus deemed by him to be dangerous, hazardous or perilous, when such electrical apparatus is either being used in a manner for which it is not approved or being used for a purpose for which it does not conform electrically. Large or bulky electrical apparatus that is not capable of being moved or transported to a location designated by the Chief Administrative Officer for storage shall be de-energized and "locked off" so as to be inoperable or incapable of being used. The seized electrical apparatus that is capable of being moved shall be transported to a location designated by the Chief Administrative Officer for storage. The custodian of the storage area shall maintain records of the impounded electrical apparatus and the date on which it was impounded and shall hold the apparatus in the storage area for a period of not more than thirty days. Any electrical apparatus so held or "locked off" may be redeemed by the owner thereof upon the payment of a fee to the City of New Orleans through the custodian thereof, consisting of a total of $150.00 plus $10.00 per day storage fee for each day the apparatus is stored. Any electrical apparatus impounded and stored or "locked off" and not redeemed by the owner thereof within thirty days may be transferred or assigned to the custody of the Department of Finance to be sold at public auction in the same manner as surplus property of the City.
(E) Low voltage installation wiring shall:
1. be properly attached to structural components.
2. be removed if it is abandoned as a result of a new low voltage installation.
3. be installed in a neat and workmanlike manner.
4. be installed so as not to impair or degrade the fire rating or structural integrity of a penetrated wall ceiling in accordance with Article 300.21 of the NEC.
5. be properly listed and labeled in accordance with Article 110.3 (B) of the NEC.
2736 - FIRE PUMPS
All wiring of fire pump installations shall be in accordance with the National Electric Code, (NFPA-70), and Centrifugal Fire Pumps, (NFPA-20), (See Chapter 35 of the International Building Code, 2021 ed., as amended).
2737 - STANDARD ELECTRICAL MATERIALS
Before any electrical material, appliance, or equipment (including prefabricated or pre-assembled electrical units or systems) is used, it shall be constructed in conformity with current standards, and be classified and listed by, including but not limited to, Underwriters Laboratory (UL), Factory Mutual (FM), Canadian Standards Association (CSA), Electrical Testing Laboratories (ETL), MET Laboratories and others listed by the ICC-ES to insure safety to life and property.
2738 - ALTERNATE MATERIALS AND METHODS
The provisions of this Code are not intended to prevent the use of any material or method of construction not specifically prescribed by this Code, provided an alternate has been approved by the Director. The Director may approve an alternate, provided he finds that the alternate for the purpose intended is at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety. The Director shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate. The Director may recommend an amendment to this Code in order to make permissible the use of the alternate. If, in the opinion of the Director, the evidence and proof are not sufficient to justify approval or recommendation for an amendment, the applicant may refer the entire matter to the Board of Building Standards and Appeals as specified in Section 113 of the International Building Code, 2021 Edition, as amended.
2739 - TESTS OF MATERIALS AND SYSTEMS OF CONSTRUCTION
Where new and alternate systems of construction, qualities of materials or tests are proposed for use, tests may be required by the Director. The required tests shall be made at the expense of the owner or his agent by a testing laboratory or other organization approved for the purpose by the Director. Certified copies of the test reports shall be filed with the Director for his approval before the systems of construction or materials are used. The owner or his agent shall notify the Director of the time and location of the tests so that he or his representative may be present.
2740 - COMPLIANCE REQUIREMENTS
All electrical contractors and electricians certified under this Chapter must also comply with all applicable laws and regulations of the State of Louisiana, in order to be considered in compliance with this Chapter.
2741 - ELECTRIC FENCE
No fence shall be electrified in the City of New Orleans.
2742 - GROUND RODS
At least (2) 5/8" copper-clad (8 ft.) ground rods, installed at least 6 feet apart with not less than 13 mills of copper coating shall be installed or (1) high grade stainless steel (8 ft.) ground rod at the service.
CHAPTER 32
ENCROACHMENTS
SECTION 32
3202.3.2 Windows, balconies, architectural features and mechanical equipment. Where the vertical clearance above grade to projecting windows, balconies, architectural features, or mechanical equipment is more than eight feet, one inch of encroachment is permitted for each additional one inch of clearance above eight feet. Encroachments into the public Right of Way must obtain approval from the appropriate city department.
CHAPTER 35
REFERENCED STANDARDS
The following additional Standards are referenced in various Sections of this code.
NFPA 20-05, Centrifugal Fire Pumps .....2736
NFPA 70-05, National Electrical Code .....2701
CHAPTER 36
INTERNATIONAL RESIDENTIAL CODE
The following Chapters of the International Building Code, (2021) as amended shall also be applicable to the construction of any one and two family dwelling when the structure is designed and constructed in accordance with the International Residential Code, 2021.
Chapter 1…Administration
Chapter 18…Soils and Foundations (Where applicable to one and two family dwellings
The following Chapters of International Residential Code are deleted in their entirety.
Chapter 1…Administration
Chapter 12…Mechanical Administration
Chapter 13…General Mechanical System Requirements
Chapter 14…Heating and Cooling Equipment and Appliances
Chapter 15…Exhaust System
Chapter 16…Duct Systems
Chapter 17…Combustion Air
Chapter 18…Chimneys and Vents
Chapter 19…Special Appliances, Equipment and Systems
Chapter 20…Boilers/Water Heaters
Chapter 21…Hydronic Piping
Chapter 22…Special Piping and Storage Systems
Chapter 23…Thermal Energy Systems
Chapter 24…Fuel Gas
Chapter 25…Plumbing Administration
Chapter 26…General Plumbing Requirements
Chapter 27…Plumbing Fixtures
Chapter 28…Water Heaters
Chapter 29…Water Supply and Distribution
Chapter 30…Sanitary Drainage
Chapter 31…Vents
Chapter 32…Traps
Chapter 33…Storm Drainage
Chapter 34…General Requirements
Chapter 35…Electrical Definitions
Chapter 36…Services
Chapter 37…Branch Circuit and Feeder Requirements
Chapter 38…Wiring Methods
Chapter 39…Power and Lighting Distribution
Chapter 40…Devices and Luminaries
Chapter 41…Appliance Installation
Chapter 42…Swimming Pools
Chapter 43…Class 2 Remote-Control Signaling and Power - Limited Circuits
All electrical work with respect to one and two family dwellings shall be in accordance with the National Electrical Code, NFPA 70 (See Chapter 35 of the International Building Code).
All mechanical and gas work with respect to one and two family dwellings shall be in accordance with the International Mechanical Code and International Fuel Gas Code, if and when the IRC does not provide direction (See Section 104 of the International Building Code).
APPENDIX AJ
EXISTING BUILDINGS AND STRUCTURES
Section AJ109.3 Extensive Alterations, Repairs or Renovations.Where the total cost of all work included, that is enlarged, altered, raised, repaired, or built upon and exceeds 50 percent of the fair market value of the building (excluding the value of the site), the work shall be considered to be a reconstruction and shall comply with the requirements of these provisions for reconstruction work.
The Department of Safety and Permits will determine if the cost information provided is reasonable for the work proposed.
CHAPTER 3
BUILDING PLANNING
R302.1 Exterior walls. Exterior walls with a fire separation distance less than 3 feet (914 mm) shall have not less than a one-hour fire-resistive rating with exposure from both sides. Projections shall not extend to a point closer than 2 feet (610 mm) from the line used to determine the fire separation distance.
Projections extending into the fire separation distance shall have not less than one-hour fire-resistive construction on the underside. The above provisions shall not apply to walls which are perpendicular to the line used to determine the fire separation distance.
R302.1 Openings. Openings shall not be permitted in the exterior wall of a dwelling or accessory building with a fire separation distance less than 3 feet (914 mm). This distance shall be measured perpendicular to the line used to determine the fire separation distance.
Exceptions:
1. Openings shall be permitted in walls that are perpendicular to the line used to determine the fire separation distance.
2. Foundation vents installed in compliance with this code are permitted.
R302.2 Townhouses. Each townhouse shall be considered a separate building and shall be separated by fire-resistance-rated wall assemblies meeting the requirements of Section R302 for exterior walls.
Exception: A common 2-hour fire-resistance-rated concrete masonry wall is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. Electrical installations shall be installed in accordance with The National Electrical Code (See Chapter 35 of IBC). Penetrations of electrical outlet boxes shall be in accordance with Section R317.3.
R302.4 Penetrations. Penetrations located in the exterior wall of a dwelling with a fire separation distance less than 3 feet (914 mm) shall be protected in accordance with Section R317.3)
Exception: Penetrations shall be permitted in walls that are perpendicular to the line used to determine the fire separation distance.
APPENDIX D
SECTION D101 - GENERAL
D101.1 Scope. For the purpose of this Code, fire district shall include that territory or portions of the City as described in Section D101.1.2.
D101.1.1 Mapping. The fire district complying with the provisions of Section D101.1 shall be shown on a map that shall be available to the public.
D101.1.2 Fire District. The area included within the following described boundaries is hereby designated " Fire District." Commencing at the center line of John Churchill Chase Street at the Mississippi River, thence along the center line of John Churchill Chase Street to the center line of Camp Street, thence along the center line of Calliope Street to the center line of St. Charles Avenue, thence along the center line of St. Charles Avenue to the intersection of Howard Avenue, thence along the center line of Howard Avenue to the center line of Claiborne Avenue, thence along the center line of Claiborne Avenue to the center line of St. Peter Street, thence along the center line of St. Peter Street to the Mississippi River, thence along the Mississippi River to the point of commencement.
SECTION D102 - BUILDING RESTRICTIONS
D102.1 Types of construction permitted. Within the fire district every building hereafter erected shall be either Type I, II, III or IV, except as permitted in Section D104.
D102.2 Other specific requirements.
D102.2.1 Exterior walls. Exterior walls of buildings located in the fire district shall comply with the requirements in Table 601 except as required in Section D102.2.6.
D102.2.2 Group H prohibited. Group H occupancies shall be prohibited from location within the fire district.
D102.2.3 Construction type. Every building shall be constructed as required based on the type of construction indicated in Chapter 6 of the International Building Code.
D102.2.4 Roof covering. Roof covering in the fire district shall conform to the requirements of Class A or B roof coverings as defined in Section 1505.
D102.2.5 Structural fire rating. Walls, floors, roofs, and their supporting structural members shall be a minimum of 1-hour fire-resistance-rated construction.
Exceptions:
1. Buildings of Type IV construction.
2. Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.
3. Automobile parking structures.
4. Buildings surrounded on all sides by a permanently open space of not less than 30 feet (9144 mm).
5. Partitions complying with Section 603.1 (8).
D102.2.6 Exterior walls. Exterior load-bearing walls of Type II buildings shall have a fire-resistance rating of 2 hours or more where such walls are located within 30 feet (9144 mm) of a common property line or an assumed property line. Exterior nonload-bearing walls of Type II buildings located within 30 feet (9144 mm) of a common property line or an assumed property line shall have fire-resistance ratings as required by Table 601, but not less than 1 hour. Exterior walls located more than 30 feet (9144 mm) from a common property line or an assumed property line shall comply with Table 601.
Exception: In the case of one story buildings that are 2,000 square feet (108 M 2 ) or less in area, exterior walls located more than 15 Feet (4572 mm) from a common property line or an assumed property line need only comply with Table 601.
D102.2.7 Architectural trim. Architectural trim on buildings located in the fire district shall be constructed of approved noncombustible materials or fire retardant treated wood.
D102.2.8 Permanent canopies. Permanent canopies are permitted to extend over adjacent open spaces provided:
1 The canopy and its supports shall be of noncombustible material, fire-retardant-treated wood, Type IV construction, or of 1-hour fire resistance rated construction.
1.1 Exception: Any textile covering for the canopy shall be flame resistant as determined by tests conducted in accordance with NFPA 701 after both accelerated water leaching and accelerating weathering.
2 Any canopy covering, other than textiles, shall have a flame spread index not greater than 25 when tested in accordance with ASTM E 84 in the form intended for use.
3 The canopy shall have at least one long side open.
4 The maximum horizontal width of the canopy shall not exceed 15 feet (4572 mm).
5 The fire resistance of exterior walls shall not be reduced.
D102.2.9 Roof structures. Structures, except aerial supports 12 feet (3658 mm) high or less, flag poles, water tanks and cooling towers, placed above the roof of any building within the fire district shall be of noncombustible material and shall be supported by construction on non-combustible material.
D102.2.10 Plastic signs. The use of plastics complying with Section 2611 for signs is permitted provided the structure of the sign in which the plastic is mounted or installed is noncombustible.
D102.2.11 Plastic veneer. Exterior plastic veneer is not permitted in the fire district.
D102.2.12 Temporary Buildings. Temporary structures such as reviewing stands and other miscellaneous structure conforming to the requirements of this Code and shed, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected in the Fire Limits and outer Fire Limits by permit from the Director for a limited period of time, and such building or structure shall be completely removed upon the expiration of the time limit stated in such permit.
D102.2.13 Other minor structures. A special permit of 90 days may be issued for other minor, one story, temporary structures used for shelter purposes only and not exceeding 100 sq. ft. in area.
SECTION D103 - CHANGES TO BUILDINGS
D103.1 Existing buildings within the fire district. An existing building shall not hereafter be increased in height or area unless it is of a type of construction permitted for new buildings within the fire district or is altered to comply with the requirements for such type of construction. Nor shall any existing building be hereafter extended on any side, nor square footage or floors added within the existing building unless such modifications are of a type of construction permitted for new buildings within the fire district.
D103.2 Other alterations. Nothing in Section D103.1 shall prohibit other alterations within the fire district provided there is no change of occupancy that is otherwise prohibited and provided the fire hazard is not increased by such alteration.
D103.3 Moving buildings. Buildings shall not hereafter be moved into the fire district or to another lot in the fire district unless the building is of a type of construction permitted in the fire district.
SECTION D104 - BUILDINGS LOCATED PARTIALLY IN THE FIRE DISTRICT
D104.1 General. Any building located partially in the fire district shall be of a type of construction required for the fire district, unless the major portion of such building lies outside of the fire district and no part is more than 10 feet (3048mm) inside the boundaries of the fire district.
SECTION D105 - EXCEPTIONS TO RESTRICTIONS IN FIRE DISTRICT
D105.1 General. The preceding provisions of this appendix shall not apply in the following instances:
1. Temporary buildings used in connection with duly authorized construction.
2. A private garage used exclusively as such, not more than one story in height, nor more than 650 square feet (60 m2) in area, located on the same lot with a dwelling.
3. Fences not over 7 feet (2438 mm) high.
4. Coal tipples, material bins, and trestles constructed of Type IV construction.
5. Water tanks and cooling towers conforming to Section 1509.3 and 1509.4.
6. Greenhouses less than 15 feet (4572mm) high.
7. Porches on dwellings not over one story in height, and not over 10 feet (3048 mm) wide from the face of the building, provided such porch does not come within 5 feet (1524 mm) of any property line.
8. Sheds open on a long side not over 15 feet (4572 mm) high and 500 square feet (46 m2) in area.
9. One- and two-family dwellings where of a type of construction not permitted in the fire District can be extended 25 percent of the floor area existing at the time of inclusion in the fire district by any type of construction permitted by this code.
10. Wood decks less than 600 square feet (56 m2) where constructed of 2-inch (51 mm) nominal wood, pressure treated for exterior use.
11. Wood veneers on exterior walls conforming to Section 1405.4.
12. Exterior plastic veneer complying with Section 2605.2 where installed on exterior walls required to have a fire-resistance rating not less than 1 hour, provided the exterior plastic veneer does not exhibit sustained flaming as defined in NFPA 268.
SECTION D106 - REFERENCED STANDARDS
ASTM E 84-04 | Test Methods for Surface Burning Characteristics of Building Materials | D102.2.8
NFPA 268-01 | Test Method for Determining Ignitability of Exterior Wall Assemblies Using a Radiant Heat Energy Source | D105.1
NFPA 701-99 | Methods of Fire Test for Flame-resistant Textiles and Films | D102.2.8
(M.C.S., Ord. No. 22938, §§ 8—18, 12-20-07; M.C.S., Ord. No. 25206, §§ 1, 2, 3-7-13; M.C.S., Ord. No. 25921, § 1, 6-19-14; M.C.S., Ord. No. 26262, § 1, 2-26-15; M.C.S., Ord. No. 27441, § 1, 6-15-17; M.C.S., Ord. No. 27702, § 1, 3-8-18; M.C.S., Ord. No. 28187, § 1, 9-5-19; M.C.S., Ord. No. 28342, § 1, 5-7-20; M.C.S., Ord. No. 28701, § 1, 6-17-21; M.C.S., Ord. No. 28793, § 1, 10-7-21; M.C.S., Ord. No. 30151, § 1, 11-21-24, eff. 1-1-25; M.C.S., Ord. No. 30235, § 1, 2-27-25)
