Unified Development Ordinance, 6th supplement, September, 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 43 Effective Date: September 01, 2013 Supp. No. 2 Article 11.9. Nonresidential Building or Structure Code | CHAPTER 11. ​BUILDING AND HOUSING CODE Sec. 11.9.1. Title Article 11.9. Nonresidential Building or Structure Code Sec. 11.9.1. Title This Article shall be known and may be cited and referred to as the "Nonresidential Building or Structure Code". Sec. 11.9.2. Purpose In order to protect the health, safety and welfare of the City and its citizens, it is the purpose of this Article to establish minimum standards of maintenance, sanitation, and safety relating to nonresidential buildings or structures, as expressly authorized by North Carolina General Statute §160A-439. This Article provides for the repair, closing or demolition of nonresidential buildings or structures as a result of a public necessity caused by conditions that are dangerous to the public health, safety and welfare. Sec. 11.9.3. Definitions The following definitions shall apply in the interpretation and enforcement of this Article: A. "Basic structural elements" means the parts of a building which provide the principal strength, stability, integrity, shape and safety of the building, including, but not limited to plates, studs, joists, rafters, stringers, stairs, sub-flooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry and all other essential components. B. "Nonresidential" means any building or structure or portion of a building or structure occupied or intended to be occupied, in whole or in part, for a use other than a dwelling, home, residing place, living space or sleeping space for one or more human beings, either permanently or transiently. C. "Operator" shall mean any person who has charge, care, or control of a nonresidential building or structure, or part thereof. D. "Parties in interest" means all individuals, associations, and corporations who have interests of record in a nonresidential building or structure and any who are in possession thereof. E. "Vacant manufacturing facility" means any building or structure previously used for the lawful production or manufacturing of goods, which has not been used for that purpose for at least 1 year and has not been converted to another use. F. "Vacant industrial warehouse" means any building or structure designed for the storage of goods or equipment in connection with manufacturing processes, which has not been used for that purpose for at least 1 year and has not been converted to another use. Sec. 11.9.4. Applicability and Compliance A. This Article establishes minimum standards for all nonresidential buildings and structures and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building or structure, equipment or facilities. B. The provisions of this Article shall apply to all nonresidential buildings or structures which are now in existence or which may be built within the corporate limits of the City. Every nonresidential building or structure, and the premises on which it is situated, shall comply with the provisions of this Article, whether or not such building or structure shall have been constructed, altered, or repaired before or after the enactment of this Article, and irrespective of any permits or licenses which have been issued for the use or occupancy of the building or structure or for the installment or repair of equipment or facilities. Sec. 11.9.5. Maintenance Standards for Nonresidential Buildings and Structures All nonresidential buildings and structures shall be free of all conditions that are dangerous and injurious to the public health, safety, and welfare of occupants or members of the general public. The existence of any of the following conditions shall be deemed to be dangerous to the public health, safety and welfare for which a public necessity exists for the repair, closing, or demolition of such building or structure and must be corrected in accordance with the provisions of this Article: A. Interior walls, vertical studs, partitions, supporting members, sills, joists, rafters, or other basic structural members that list, lean, or buckle to such an extent as to render the building unsafe, that are rotted, deteriorated or damaged, and that have holes or cracks which might admit rodents. B. Exterior walls that are not structurally sound or free from defects and damages or capable of bearing imposed loads safely. Where a wall of a building has