Town of Barnstable, MA
Barnstable County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Barnstable (Art. IV of Ch. III of the General Ordinances as updated through 7-7-2003). Amendments noted where applicable.]
GENERAL REFERENCES
Noncriminal disposition — See Ch. 1, Art. I.
Inspection of wires — See Ch. 68.
Schedule of Fees — See Ch. 76, Art. I.
Gas piping and appliances — See Ch. 96.
Historic properties — See Ch. 112.
Wetlands protection — See Ch. 237.
Zoning — See Ch. 240.
Subdivision Rules and Regulations — See Ch. 801.

§ 47-1 Appointment of Building Commissioner; term; vacancy.

[Amended 11-5-1977, approved 1-12-1978; 11-1-1980, approved 2-27-1981]
The Town Manager shall appoint a Building Commissioner, who shall hold office for a term of three years or until his successor is chosen and qualified, said three-year term commencing on July 1 in the year of such appointment. Any vacancy in the office shall be filled by the Town Manager on a temporary basis until the next July 1.

§ 47-2 Powers and duties of Building Commissioner.

The Building Commissioner shall make such inspections, issue such permits and enforce such regulations and ordinances as may be required by the Town or under the State Building Code, and he may for such purposes, at all reasonable times, enter upon such premises to carry out such lawful procedures.

§ 47-3 Moving of buildings.

No building may be moved unless a permit has been obtained from the Building Commissioner. No building may be moved into the Town unless its construction is made to conform to the State Building Code.

§ 47-4 Approval of building permits by Board of Health.

All building permits are subject to the approval of the Board of Health prior to issuance.

§ 47-5 Building restricted area.

A. 
Building restrictions as set forth in this section shall be designated as the "building restricted area" and shall apply to all that portion of the Town bounded as follows:
(1) 
All lands or that portion of land lying to the south of and within 150 feet of Main Street in the Village of Hyannis from the Yarmouth Town line to Potter Street; and lying to the north of and within 150 feet of Main Street in the Village of Hyannis from Yarmouth Road to Barnstable Road.
(2) 
All lands or that portion of land shown on a map entitled "Map of Extension of Building Code (Fire) in Business District, (Precinct 3) Hyannis, January 20, 1976" which map is designated as Map "B."
(3) 
All lands or that portion of land shown on a map entitled "Map of Extension of Building Code (Fire) in Business and Urban Business Districts (Precinct 3) Hyannis, January 20, 1967."
B. 
No wood frame or wooden structures, or additions or alterations to the same, may be built within the building restricted area, except as hereinafter provided:
(1) 
Any dwelling as defined in the State Building Code built within the building restricted area, must have a fire-resistive roof;
(2) 
An addition or alteration may be made to an existing wooden building if it does not increase its present ground area by more than 1/3, or by more than 600 square feet, whichever is less. No more than one such addition or alteration shall be permitted in any period of 60 consecutive months.

§ 47-6 Permit fees.

[Amended 1-4-1996 by Order No. 96-083]
There shall be established and collected by the Building Commissioner upon the issuance of each permit a fee to be paid into the Town treasury determined in accordance with the revenue fee policy established by the Town Council. The schedule for these fees can be found in Chapter 1, Article I, of the Code of the Town of Barnstable.

§ 47-7 Violations and penalties.

Whoever violates any of the provisions of this chapter shall be punished by a fine not to exceed $200 for each offense.