[Amended 9-8-1997 by Ord. No. 97-4; 6-21-2000 by Ord. No.
00-3; 11-4-2002 by Ord. No. 01-03; 4-5-2004 by Ord. No. 11-04; 5-1-2006 by Ord. No. 09-06]
A. The following permits or certificates shall be required
and shall be issued by the Planning and Zoning Administrator when
in his or her opinion the applicant for such permit has complied in
all respects with the provisions of this chapter:
(1) Building permits. It shall be unlawful to construct,
alter, enlarge, move or demolish a structure, or change the occupancy
of a building or structure requiring greater strength, exitway or
sanitary provisions, or to change to a different use group, or to
install or alter any equipment for which provision is made or the
installation of which is regulated by the regulations, without first
filing an application with the Planning and Zoning Administrator in
writing and obtaining the required permit.
(a)
Building permits are required as outlined below,
except for ordinary repair or maintenance work or in-kind work [see
A(1)(b) and A(1)(c) for exceptions]:
[1]
Commercial/industrial buildings. A building
permit is required for all work, including, but not limited to, any
plumbing, electrical, or mechanical work, roofing, new or replacement
windows, adding or moving interior walls, new or replacement ceilings,
any structural changes to the building, or new or expanded fencing.
[2]
Multifamily, two-family, or non-owner-occupied
single-family residential buildings. A building permit is required
for all work, including, but not limited to, any plumbing, electrical,
or mechanical work, adding or moving interior walls, new or replacement
ceilings, or any structural change to the building.
[3]
Detached single-family, owner-occupied residential
buildings. A building permit is required for all work, except as noted
below, over $750 in value. No permit is required, even if the cost
is over the $750 for work performed consistent with A(1)(b) and A(1)(c)
below. Nor is a permit required for the construction or installation
of playground equipment associated with a single-family home or the
installation of fencing six feet or under.
(b)
Building permits, for any of the building types
outlined above, are not required for ordinary repairs or maintenance
such as painting, new flooring, or, for single- and two-family homes,
the replacement of molding or framing around doors or windows.
(c)
For all of the building types outlined above,
the term "in-kind replacement" is defined as the removal of a building
component [cabinet, countertop, plumbing fixture (toilet, sink, tub
or shower unit), window, door, roofing or siding, electrical fixture,
or mechanical unit such as a water heater or air-conditioning unit]
and the replacement of the component with a component intended to
serve the same basic purpose or function (for example, removing a
toilet or sink and replacing it with a new fixture). If the plumbing
or piping for that fixture is moved or altered, then this is above
and beyond the definition of in-kind replacement. For new windows
or doors, if the rough opening is enlarged or reduced, then this is
also above and beyond the definition of in-kind replacement.
(d)
Where emergency repairs and replacement work
must be performed in an emergency situation without a building permit,
the application for the permit shall be filed within two business
days.
(e)
All electrical and plumbing work performed in
commercial and Industrial buildings, multi- and two-family residences,
and non-owner-occupied single-family homes must be performed by licensed
tradespersons, and all work shall conform to all applicable codes
and regulations.
(f)
For all work that triggers site plan review
and permitting, the site plan permit shall be obtained prior to the
issuance of a building permit.
(g)
Building permits must be reviewed one year after
issue if work has not been completed. Building permits may be renewed
three times and will expire after the fourth year. There shall be
no additional charge for renewal. Variances and/or special exceptions
need not be reapplied for unless the time frames for completion or
vesting of the variance or special exception outlined in the notice
of decision have expired.
(h)
Building permits shall not be issued for a building
intended for or suitable for human occupancy until there exists actual
or planned access to the structure to provide appropriate access and
maneuverability for life safety equipment, including fire apparatus,
as approved by the Director of Municipal Services and the Chief of
the Fire Department. In the event of planned access, the access structures
shall be constructed in accordance with the above approval prior to
commencement of construction of the building.
(i)
By and through the submission of a building
permit application, the owner/applicant is authorizing and allowing
the City of Franklin to perform the inspection(s) required and necessitated
by the proposed work.
(2) Demolition permit. The removal or demolition of any
building or structure shall be permitted only after the submission
of a demolition permit application. The application shall be reviewed
by the Planning and Zoning Office and the Fire Department to insure
that the proposed demolition work will be conducted in accordance
with policy and regulations prepared by the City.
(3) Certificate of use and occupancy.
(a)
New buildings and altered buildings. No building
or structure hereafter erected or altered in the City of Franklin
shall be used or occupied in whole or in part until the certificate
of use and occupancy shall have been issued by the Planning and Zoning
Administrator.
(b)
Any use or occupancy that was not discontinued
during the work or alteration shall be discontinued within 30 calendar
days after the completion of the alteration unless the required certificate
is secured from the Planning and Zoning Administrator.
(c)
Temporary occupancy. Upon the request of the
holder of a permit, the Planning and Zoning Administrator may issue,
following the required inspections, a temporary certificate of use
and occupancy for a building or structure or part thereof before the
entire work covered by the permit shall have been completed, provided
that such portion or portions may be occupied safely prior to full
completion of the building or structure without endangering life or
public welfare.
(d)
Existing buildings. Upon written request from
the owner of an existing building or structure, the Planning and Zoning
Administrator may issue a certificate of continued use and occupancy
permit, provided that there are not violations of law or orders of
the City pending. Said certificate may be issued after inspection
and investigation establishes that the use of the building or structure
is as it exists on the date of the inspection. Said certificate shall
evidence only that a general inspection of the visible portions of
the structure has been made and that no violations of any applicable
codes are found or are evident.
(e)
Continuing certificate of occupancy; state-mandated
inspections. For certain uses (for example, day-care centers, nursing
homes, or mental health group homes), the State of New Hampshire requires
that inspections be conducted regularly by the City and a continuing
certificate of use and occupancy be issued. The City Inspection Department
shall conduct these inspections and inform the Planning and Zoning
Administrator when to issue the required certificate. For any building
or structure use for which the Code of the City of Franklin requires
a regular inspection, a similar process of inspection and issuance
of a certificate shall be followed.
(f)
Certificate of approval. For certain work (for
example, utility connections or meters), an inspection is required
before final connections are made or the utility service is provided.
The owner/contractor shall contact the City Inspection Department
to schedule an inspection. When approved, a certificate of approval
shall be issued by the City.
(g)
Requests for certificates. The property owner
or a representative shall request an inspection for a certificate
of occupancy within 30 days following the completion of work allowed
under the building permit. By and through the request for a certificate,
the owner/representative is certifying that the work has been satisfactorily
completed in compliance with all applicable codes.
(4) Change of use permits.
(a)
When a change is proposed for the use of a property,
whether commercial, industrial or multifamily, the approval of said
change is required. A change of use application must be filed with
the Planning Office for review by the Planning and Zoning Administrator.
A change of use occurs when:
[1]
The proposed use of the building is shifting from one of the use classifications listed in the Permitted and Special Exceptions Use Table found in §
305-13 of this chapter to another use classification; and/or
[2]
The proposed change in use results in the application
of different life safety, fire, or other appropriate code criteria.
(b)
After a change of use has been made in a building
or structure, the reestablishment of the prior use that does not conform
to the Use Table cited above shall not be permitted. A change from
one prohibited use for which a permit has been granted to another
prohibited use shall be deemed a violation of this Code and is not
permitted.
(c)
The appropriate certificate of use and occupancy
will be issued for the approved change of use.
B. A fee, consistent with Chapter
160 of the City Code, for all permits, inspections, or certificates described above shall be charged and shall be paid prior to the issuance of the permit, the performance of an inspection, or the issuance of any certificate. No certificate of occupancy will be issued for any work until such time as all fees are paid.
The Planning and Zoning Administrator is hereby
authorized to institute or cause to be instituted, in the name of
the city, any and all actions that may be appropriate or necessary
for the enforcement of this chapter. This authorization, however,
shall not prevent any person entitled to equitable relief from enjoining
any act contrary to the provisions of this chapter.