[HISTORY: Adopted by the Special Town Meeting of the Town
of Bethany 3-9-1966. Amendments noted where applicable.]
Pursuant to Section 19-395 of the General Statutes of Connecticut,
Revision of 1958, as amended,[1] the State of Connecticut Basic Building Code, three copies
of which have been on file at the office of the Town Clerk of Bethany
for 30 days prior hereto, is hereby adopted as the Building Code of
the Town of Bethany; and each and all regulations, provisions, penalties,
conditions and terms of the Connecticut Basic Building Code are hereby
referred to and adopted and made a part hereof as if previously set
out in this chapter, with the additions, insertions, deletions and
changes as hereinafter provided for.
[1]
Editor's Note: See now C.G.S. § 29-250 et seq.
The invalidity of any section or provision of this chapter or
of the Building Code of the Town of Bethany herein adopted shall not
render invalid any other section or provision.
This chapter shall not affect any construction work done prior
to April 1, 1966.
[Amended 5-19-2003 ATM]
The adoption of this Building Code and its enforcement shall
not prevent or preclude an owner of a piece of property from doing
his own work, provided that the work and materials meet the provisions
and standards set forth in the Building Code and further provided
that the owner obtains a permit for said work as herein provided.
The Building Code Committee instrumental in preparing this chapter
shall be dissolved and terminate immediately upon the adoption of
this chapter. Before the effective date of this chapter, the Selectmen
of the Town of Bethany shall appoint a Board of Appeals pursuant to
Section 128.0 of the State of Connecticut Basic Building Code, which
shall be known as the "Building Commission." In addition to the duties
set forth in said code, said Building Commission shall also approve
the qualifications of the Building Official and his assistants and
make recommendations to the Selectmen concerning their appointment.
[Amended 5-2-1966 ATM]
The municipal officer to administer this code shall be called
the "Building Official" and he shall be appointed by the Board of
Selectmen. The Building Official shall have the power to appoint one
or more assistants, upon approval of the Selectmen and Building Commission.
The Board of Selectmen shall also have the power to remove the Building
Official, but he shall not be dismissed unless he has been given notice,
in writing, of the specific grounds for such dismissal and an opportunity
to be heard in his own defense, personally or by counsel, at a public
hearing before the Selectmen. Such removal shall not take place without
the approval of the Building Commission. Such Building Official shall
not hold any other salaried or unsalaried, elective or appointive
Town office. This shall not preclude or prevent the Building Official
from also holding the position of Zoning Agent and Enforcement Officer
of the Planning and Zoning Commission.
[Amended 5-19-1997 ATM; 9-28-2000 STM; 5-19-2003 ATM]
The following is adopted in lieu of Section 197 of the State
of Connecticut Basic Building Code.
A.
Permit application. An application shall be submitted to the Code
Official for the following activities, and these activities shall
not commence without a permit being issued in accordance with Section
108.0:
B.
Repairs. Application or notice to the Code Official is not required
for ordinary repairs to structures. 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.
C.
Fees.
(1)
Building or other structures construction and demolition; electrical,
plumbing, heating, and air-conditioning work; water treatment systems.
[Amended 5-19-2014 ATM]
(a)
Residential mechanical permits shall be $50 for the first $1,000
of the job cost and increase $10 for every $1,000 thereafter.
(b)
Residential building permits shall be $50 for the first $1,000 of
job cost and increase $14 for every $1,000 thereafter.
(c)
Commercial building and mechanical permits shall be $50 for the first
$1,000 of job cost and increase $23 for every $1,000 thereafter.
(d)
Certificate of occupancy fees: $40 for residential work.
(e)
Certificate of occupancy fees: $60 for commercial work.
(f)
Certificate of approval fees for residential and commercial shall
be established at $25. Per Building Official, all work that does not
require a certificate of occupancy shall require a certificate of
approval.
(2)
Such fees, when collected by the Building Official, shall be remitted
to the Town Treasurer for deposit to the account of the Town of Bethany.
(3)
No fee shall be charged when the applicant is the Town of Bethany
acting by one of its officers, employees, boards, commissions, or
contractors.
(4)
The Board of Selectmen may waive all or part of the fees when applicant
is a nonprofit or charitable organization operating within the Town
of Bethany for the benefit of Bethany residents.
(5)
Whenever an application is made to seek a permit for work done on
a structure without prior official approval, where required, the fees
set forth herein shall be increased by 50% so as to compensate the
Town for increased administrative costs in processing such applications
and additional inspections required to determine that such work complies
with the Connecticut State Building Code.
(6)
A reinspection fee of $50 will be paid to the Town of Bethany by
the property owner or contractor if an inspection is made and the
work is not completed and not ready for such inspection or does not
comply with the Connecticut State Building Code. No further inspections
will be performed prior to receipt of the fee of $50.
[Amended 5-19-2003 ATM]
The issuance of certificates of use and occupancy pursuant to
the provisions of Section 118 of the State of Connecticut Basic Building
Code shall be limited to dwellings and commercial buildings.
A.
General. A certificate of occupancy, indicating completion of the
work for which a permit was issued, shall be obtained prior to any
occupancy of a structure except as provided for in Section 118.2.
B.
Temporary occupancy. Upon the request of the holder of a permit,
a temporary certificate of occupancy shall be issued before the completion
of the entire work covered by the permit, provided that such portion
or portions shall be occupied safely prior to full completion of the
structure without endangering life or public welfare. Any occupancy
permitted to continue during the work shall be discontinued within
30 days after completion of the work unless a certificate of occupancy
is issued by the Code Official.
C.
Issuance of certificate: Upon written request from the owner of an
existing structure, the Code Official shall issue a certificate of
occupancy, provided that there are no violations of law or orders
of the Code Official pending, and it is established after inspection
and investigations that the alleged occupancy of the structure has
heretofore existed. This code shall not require the removal, alteration,
or abandonment of, or prevent the continuance of, the occupancy of
a lawfully existing structure, unless such use is deemed to endanger
public safety and welfare.
D.
Partial occupancy. A partial certificate of occupancy may be issued
by the code official for a portion of the building or structure when,
in the Code Official's sole opinion, adequate egress facilities,
accessibility features, and health and safety requirements are in
compliance as required herein.[1]
[1]
Editor's Note: Original Section 9, which immediately
followed this section and dealt with penalties, was deleted 12-7-1992
STM.
[Added 3-18-1996 STM]
A.
Pursuant to Section 7-148, Connecticut General Statutes, as such
statute may be amended from time to time, approval of all applications
for building permits, certificates of occupancy or other building
applications made to the Building Official of the Town shall be withheld
for any property upon which taxes are delinquent for the property
for which an application is made.
B.
The following procedure is hereby established to implement this section:
(1)
The Tax Collector shall file with the Building Official a list of
all properties and property owners who are delinquent in their real
property taxes as of August 2 and February 2 of each year.
(2)
Before approving any building application, the Building Official
shall require any applicant for any building application for property
which appears on the Tax Collector's delinquency list last filed
with him to either:
(3)
The Building Official may grant a building application without the
satisfaction of the above certifications if he certifies in writing,
as part of the file, that an emergency exists affecting the health
or safety of the occupants of a building upon which property the building
application is sought.
(4)
The Tax Collector and the Building Official, subject to the approval
of the First Selectman, shall develop the necessary forms to implement
this section.
