[HISTORY: Adopted by the City Council of the City of Laconia
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-29-1975 as Ch. 49 of the Public Ordinances of 1975]
This article shall apply within the City limits of the City
of Laconia.
[Amended 11-26-1979 by Ord. No. 30-79.10; 8-31-1981 by Ord. No. 53-81.7; 1-24-2005 by Ord. No.
01.2005.01]
A.
Permit requirement. Architecturally prepared plans, signed and sealed
by a New Hampshire professional engineer or registered architect are
required for the building types listed as follows:
(1)
All one- or two-family attached and/or multifamily residences.
(2)
Commercial projects creating or affecting a building or building
area of 4,000 square feet or more.
(3)
Buildings used for assembly purposes, such as, but not limited to,
schools, churches, auditoriums, theaters, hospitals, and/or any building
designed for use by the elderly.
B.
In addition, building permits are required to be obtained for:
C.
Further, an as-built survey may be required to be submitted prior
to the issuance of a certificate of occupancy in all cases wherein
a structure or a portion thereof may be encroaching in a required
yard setback.
E.
Demolition review.
[Added 3-24-2008 by Ord. No. 03.2008.03; amended 5-26-2009 by Ord. No. 08.2009.08; 9-28-2015 by Ord. No. 05.2015.05]
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A stated goal of the City Master Plan is to "Preserve the historic
character of the City. Laconia's architecture and artifacts reflect
its cultural history as one of the oldest economic centers in the
state. The character of these historic resources adds to the City's
vitality and, as such, should be preserved." To that end, the City
of Laconia has developed the following Demolition Ordinance.
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(1)
BUILDING
DEMOLITION
SIGNIFICANT BUILDING
(a)
(b)
(c)
(d)
STRUCTURE
Definitions. As used in this subsection, the following words or phrases
shall have the meanings set forth below except when the context in
which they are used requires a different meaning.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The act of pulling down, destroying, removing, or razing
a building or commencing the work of total or substantial destruction
with the intent of completing the same.
Buildings that meet at least one of the following criteria:
The building or structure has interest and qualities that would
meet national or state criteria for designating a historical, cultural
or architectural landmark.
The building or structure is of such unusual or uncommon design,
texture or materials that it could not be reproduced or only with
great difficulty and expense.
The building or structure is of such architectural or historic
interest that its removal would be a detriment to the public interest.
The retention of the building or structure will help preserve
and protect a historic place or area of historic interest.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground.
(2)
Criteria. Any building or structure or part of a building or structure
in the City of Laconia will fall under the terms of this article where:
(a)
The proposed demolition is greater than 700 square feet of gross
floor area or the proposed demolition involves a structure of any
size that does not meet the definition of a building; and
(b)
The building or structure was constructed/installed more than
50 years before the demolition permit application date.
(3)
Procedure. When an application for a demolition permit is submitted
to the Code Enforcement Officer for a determination under this article,
the Code Enforcement Officer shall determine if the structure or building
meets the above criteria. The Code Enforcement Office may require
the applicant to submit information necessary to make this determination.
If it does, the Code Enforcement Officer shall:
(a)
Within five business days of the filing, confirm that the applicant
is aware of the designation (as was identified on the demolition permit
application), that the demolition must be reviewed by the Heritage
Commission before proceeding, and the date, time and place of the
next regularly scheduled meeting of the Heritage Commission.
(b)
Within five business days forward the application to each member
of the Heritage Commission for review at its next regularly scheduled
meeting.
(c)
If the Heritage Commission determines the demolition permit
involves a potentially significant building or structure (See subsection
below.), the Code Enforcement Officer shall, within five business
days of that decision, notify the applicant that a sign, paid for
by the City, identifying the building as proposed for demolition and
the date, time and place of the public hearing on the proposed demolition
is ready for posting in a visible location on the building and that
this sign must be posted within five business days of receiving notification
from the Code Enforcement Officer. It is the responsibility of the
applicant to post the sign. If the sign is not posted at least 15
days prior to the date of the public hearing, the process shall stop
and the public hearing will not be rescheduled until at least 15 days
after the sign is posted.
(4)
Heritage Commission responsibilities.
(a)
It is the responsibility of the Heritage Commission to: notify
the applicant that the application has been received and confirm the
application will be on the agenda of the next regularly scheduled
meeting and, if possible, coordinate a site visit to gather further
information necessary to make a final determination.
(b)
If a determination is made that the building or structure is
found to be not significant, the Chairman of the Heritage Commission
shall notify the Code Enforcement Officer and the applicant in writing
within two business days of such decision and that the demolition
may proceed.
(c)
If a determination is made that the building or structure is
found to be significant the following timeline shall begin:
[1]
A public hearing shall be scheduled by the Heritage Commission for
the next regularly scheduled monthly meeting. The Heritage Commission
shall also be responsible for submitting notification of the public
hearing to the local newspaper, paid for by the City.
[2]
The Code Enforcement Officer and applicant shall be notified in writing
within two business days of such decision, to include the date, time
and location of the public hearing.
[3]
Hold the public hearing to hear all public testimony regarding the
proposed demolition. The applicant or representative thereof shall
be invited to attend the public hearing to present the proposal and
to hear the concerns or alternatives that are proposed by members
of the public.
[4]
If an agreement cannot be reached during the public hearing, a meeting
between the Heritage Commission and the applicant or representative
thereof shall be scheduled within 10 business days of the public hearing
to further discuss alternatives to demolition.
(5)
Demolition.
(a)
If no alternatives to demolition have been identified and agreed
to by the applicant after the meeting provided for above, within 10
days of the above meeting, the Heritage Commission may petition the
City Council for up to an additional sixty-day time period before
the demo permit is issued. This time period is to allow the Heritage
Commission extra time to fundraise, outreach or discuss alternatives.
(b)
If no alternatives to demolition have been identified and agreed
to by the applicant after the meeting provided for above, and no petition
for more time has been submitted to the City Council, the applicant
is free to proceed with the demolition permit application process.
If demolition is to proceed, and if the applicant is in agreement,
the Heritage Commission shall photographically document the structure
or building. The Committee shall also encourage the applicant to salvage
significant architectural features.
(c)
Nothing in this article shall be construed to prevent emergency
demolition where public safety is at stake and the building has been
determined by the Code Enforcement Officer to be a public hazard and
demolition is the only viable recourse.
(d)
Nothing in this article shall be construed to supersede the
demolition permit application process that exists at the Code Enforcement
Office and which involves approvals from state departments and utility
providers.
(6)
Representation to Planning Board.
(a)
If a building permit or site review plan involving demolition
is submitted to the Planning Department, notification shall be made
to the Code Enforcement Officer and the procedure and responsibilities
above shall begin.
(b)
The Code Enforcement Officer shall represent the Heritage Commission
on the Technical Review Committee and any agreement between the Heritage
Commission and the applicant shall be made a part of the conditions
for final approval of the permit by the Planning Board.
[Amended 11-26-1979 by Ord. No. 30-79.10; 8-31-1981 by Ord. No. 53-81.7; 4-29-1986 by Ord. No.
121-86.6; 1-24-2005 by Ord. No. 01.2005.01; 7-9-2007 by Ord. No. 05.2007.05]
There shall be a fee charged for the issuance of building permits,
demolition, electrical and sign permits; for day care and foster home
inspections; and for reinspections, which shall be paid to the Code
Enforcement Officer before any permit is issued, and the fee charged
shall be in conformity with the following schedule. Basements, storage
areas, connecting structures and expansion areas associated with the
application shall be included in calculating the aggregate floor area.
In alterations and repairs, only the floor area to be altered or repaired
shall be calculated.
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Type
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Fee
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One- and two-family residential
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New building:
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Application fee (due upon submission of plans)
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$100
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Building permit fee
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$0.15 per square foot
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Additions, alterations, repairs:
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Application review fee (due upon submission of plans)
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$100
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Building permit fee
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$0.15 per square foot; minimum fee, $50
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Commercial and multifamily
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New building, addition, alteration or repair over 1,000 square
feet:
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Application fee (due upon submission of plans)
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$300, plus $0.20 per square foot
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New building or addition alteration or repair under 1,000 square
feet:
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Application review fee (due upon submission of plans)
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$100
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Building permit fee
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$0.20 per square foot; minimum permit fee of $100
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Residential garages, decks, pools, accessory structures:
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Application fee
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$50
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All square footage
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$0.15 per square foot
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Sheds under 150 square feet
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Exempt
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Residential exterior replacement of siding, roofing, windows:
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Application
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Required
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Permit fee
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$0
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(NOTE: No permit required for minimal routine maintenance repair.)
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Demolition permit:
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One- or two-family
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$100
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Accessory structure
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$50
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Primary commercial
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$200
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Accessory commercial
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$100
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Certificate of occupancy
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Certificate of occupancy (due upon issuance of building permit)
(NOTE: Certificate of occupancy: This document is issued for structures
that are occupied for business and/or residential purposes and meet
the requirements for occupied and/or habitable space under the building
codes, such as one- and two-family residences, professional offices,
personal service establishments, hotels/motels, multifamily residences,
etc.):
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Principal building
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Residential
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$50
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Commercial
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$100
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Accessory building
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Residential
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$25
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Commercial
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$50
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Temporary certificate of occupancy or compliance (expires six
months from date of issuance) (NOTE: Temporary certificate of occupancy
or compliance: These documents are issued in cases where site work
may not be completed due to weather conditions, or minor finish materials
have not been installed. All aspects of life safety must be met before
consideration may be made for the issuance of a temporary certificate
of occupancy or compliance, and only upon written request to the Code
Enforcement Officer.):
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One- or two-family
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$25
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Commercial/multifamily
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$50
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Electrical permits
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One- and two-family residential:
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Addition, alteration, repair
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$75
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New building
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$125 per unit
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Commercial and/or multifamily (based on estimated costs):
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$0 to $2,000
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$50
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$2,001 to $4,000
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$80
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Over $4,000
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$100, plus $0.50 per additional $1,000 estimated cost over $4,000
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Health inspections
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Day care, up to 12 children
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$20
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Child-care centers
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$40
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Foster home inspections
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$20
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Any reinspection other than health inspection
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$50
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(NOTE: Additional inspection fees are for reinspection. This
also includes occupancy inspection.)
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[Added 1-28-2002 by Ord. No. 01.2002.01]
It is the policy of the Laconia City Council that building permit fees under Chapter 119 of the City Code will normally be waived in cases where the construction is part of a project that has received funding from a community development block grant that was applied for by the City.
[1]
Editor's Note: Former § 119-4, Appeals, was repealed
4-14-1997 by Ord. No. 06.97.06.
[Amended 8-31-1981 by Ord. No. 53-81.7; 1-24-2005 by Ord. No. 01.2005.01]
A building permit shall be valid for one year from the date
of issuance. Should an extension be required for the purposes of completing
the work, an extension must be requested by the owner or his agent,
in writing, stating the necessity of said extension, together with
an extension administrative fee of $50 for a one- or two-family residential
project or an extension administrative fee of $100 for any project
associated with a commercial or multifamily residential project. No
permit shall be extended beyond two years from the date of issuance.
The Code Enforcement Director shall issue a printed card when
a permit has been issued, which must be conspicuously displayed on
the premises for which the permit was granted, which shall state that
a permit has been granted and generally state the nature of the work
and that the person accepting the permit has agreed to conform to
the terms of his permit application.
[Amended 1-24-2005 by Ord. No. 01.2005.01; 7-9-2007 by Ord. No. 05.2007.05]
If construction requiring a building permit or demolition permit
or electrical permit is commenced before the issuance of a building
or electrical or demolition permit by the Code Enforcement Director,
the building permit fee shall be doubled.
A building permit will not be required for normal repairs that
do not exceed $1,000 of fair market value. This shall be exclusive
of work which in itself needs a permit. Construction which normally
requires a permit includes electrical, plumbing, new additions or
change of occupancy.
[Adopted 12-29-1975 as Ch. 53 of the Public Ordinance of 1975]
As used in this article, the following terms shall have the
meanings indicated:
The City Solicitor.
The City of Laconia.
[Amended 8-31-1981 by Ord. No. 54-81.8; 4-29-1986 by Ord. No. 122-86.7; 4-26-1988 by Ord. No.
150-88.4; 4-14-1997 by Ord. No. 06.97.06; 11-22-2004 by Ord. No. 06.2004.06; 3-9-2009 by Ord. No. 03.2009.03]
A.
There is hereby adopted by the City of Laconia, the 2015 Editions
of the International Building Code and International Residential Code
for the purposes of establishing rules and regulations and governing
the conditions and maintenance of all property, buildings and structures
by providing the standards for supplied utilities and facilities and
other physical things and conditions essential to ensure that structures
are safe, sanitary and fit for occupation and use; and the condemnation
of buildings and structures unfit for human occupancy and use and
the demolition of such structures in the City of Laconia; providing
for the issuance of permits and collection of fees therefor; repealing
Ordinance No. 06.97.06, 4-14-1997, of the City of Laconia and all
other ordinances and parts of the ordinances in conflict therewith.
[Amended 3-23-2009 by Ord. No. 04.2009.04; 5-28-2019 by Ord. No. 2019-119-10(A)(3); 11-23-2020 by Ord. No.
2020-119-10]
(1)
That a certain document, one copy of which is on file in the office of the Department of Code Enforcement in the City of Laconia, being marked and designated as the International Building Code, 2015 Edition, including Appendix Chapters C, E, G, I, as published by the International Code Council, be and is hereby adopted as the Building Code of the City of Laconia, in the State of New Hampshire, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the Department of Code Enforcement are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in Subsection B of this section.
(2)
In addition, that a certain document, one copy of which is on file in the office of the Department of Code Enforcement of the City of Laconia, being marked and designated as the International Residential Code, 2015 Edition, including Appendix Chapters E, G, H, J, as published by the International Code Council, be and is hereby adopted as the Residential Code of the City of Laconia, in the State of New Hampshire, for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code on file in the office of the City of Laconia are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in Subsection B of this section.
(3)
Further, that certain documents, one copy of each which is on file with the Department of Code Enforcement of the City of Laconia, being marked and designated as the International Energy Conservation Code, 2015 Edition, the International Property Maintenance Code, Edition 2015; the State of New Hampshire Best Management Practices to Control Nonpoint Source Pollution; January 2004 and Stormwater Management and Erosion and Sediment Control for Urban and Developing Areas in New Hampshire ("Green Book"), and lastly the 2017 Edition of the NFPA 70 (the National Electrical Code), be and are adopted for regulating and governing the conditions and maintenance of all property, buildings and structures; and each and all of the regulations, provisions, penalties, conditions and terms of said documents on file in the office of the Department of Code Enforcement are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions, and changes, if any, prescribed in Subsection B of this section.
(4)
The City of Laconia adopts the New Hampshire "State Building Code"
which includes the International Mechanical Code and all of the above-listed
ICC Codes.
B.
The following sections are hereby revised:
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International Building Code, Section 101.1 Insert: City of Laconia
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International Building Code, Figure 1608.2 Delete:
Figure 1608.2 Ground Snow Loads, Pg, for the United States, in its
entirety.
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Insert: Ground snow loads (Pg) within the City limits at a specific
elevation [The United States Geological Survey (USGS) Laconia and
Winnisquam Lake Quadrangle Mapping, or an approved equivalent source,
shall be used to determine site elevations] shall be:
|
|
Site Elevation
|
Ground Snow Load (Pg)
| |
|---|---|---|
|
USGS Elevation up to 750 feet
|
75 psf
| |
|
USGS Elevation above 750 feet
|
80 psf
|
|
International Building Code, Section 1612.3. Insert: August
15, 1980
| |
|
International Building Code, Section 1612.3. Insert: City of
Laconia
| |
|
International Building Code, Section 1805.2.1 Add:
Frost Line Depth = four feet six inches (4'6")
| |
|
International Building Code, Section 3410.2. Insert: Adoption
date of the amendments.
| |
|
International Residential Code, Section R101.1 Insert: City
of Laconia
| |
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International Residential Code, Table R301.2 (1) Insert: Frost Line Depth = four feet, six inches (4'6")
| |
|
International Residential Code, Table R301.2 (1) Insert: Seismic
Design Category = C
| |
|
International Residential Code Figure R301.2 (5) Delete: Figure R301.2 (5) Ground Snow Loads, Pg, for the United
States, in its entirety.
| |
|
Insert: Ground snow loads (Pg) within the City limits at a specific
elevation [The United States Geological Survey (USGS) Laconia and
Winnisquam Lake Quadrangle Mapping, or an approved equivalent source,
shall be used to determine site elevations] shall be:
|
|
Site Elevation
|
Ground Snow Load (Pg)
| |
|---|---|---|
|
USGS Elevation up to 750 feet
|
75 psf
| |
|
USGS Elevation above 750 feet
|
80 psf
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A.
The office of Code Enforcement Official is hereby created, and the
executive official in charge shall be known as the "Code Enforcement
Director."
B.
The Code Enforcement Director shall be appointed by the Manager.
His appointment shall continue during good behavior and satisfactory
service. He shall not be removed from office except by the Manager
for cause and after full opportunity has been given him to be heard
on specific charges.
C.
During temporary absence or disability of the Code Enforcement Director,
the appointing authority shall designate an acting Code Enforcement
Director.
It shall be the duty of the Code Enforcement Director to enforce
all laws relating to the construction, alteration, removal and demolition
of buildings and structures.
A.
Application. The application for appeal shall be filed on a form
obtained from the Department of Code Enforcement within 20 days after
the notice from Code Enforcement Director, or his designee, was served.
[Amended 4-14-1997 by Ord. No. 06.97.06; 11-22-2004 by Ord. No. 06.2004.06]
B.
Membership of Board. The Board of Appeals shall consist of five persons
appointed by the City Council as follows. At least three of the members
must meet one of the following criteria: registered design professional
with architectural experience or a builder or superintendent of building
construction with a minimum of 10 years' experience, five of which
shall have been in responsible charge of work; registered design professional
with structural engineering experience; registered design professional
or master license holder with mechanical/plumbing experience; registered
design professional or master license holder with five years' electrical
experience; registered design professional or certified installer
of firematic systems with five years' experience. The Code Enforcement
Director, or designee, shall be an ex officio member of said Board,
but shall have no vote on any matter before the Board. A minimum of
three voting members shall be deemed a quorum.
[Amended 11-22-2004 by Ord. No. 06.2004.06; 4-8-2019 by Ord. No. 2019-119-13-02]
C.
Terms. Each member shall serve a term of five years or until a successor
has been appointed.
[Amended 11-22-2004 by Ord. No. 06.2004.06]
D.
The Board of Appeal shall elect its own Chairman from its own membership and shall adopt its own rules of procedure, consistent with due process of law and the provisions of this article and Article I of this chapter. The Board shall elect a Clerk who need not be a member of the Board.
E.
The Board of Appeal shall annually, on April 1, report to the City Council on the matters that have come before it for decision during the immediately preceding year and at such time advise the City Council as to whether or not any need exists for revision of Article I of this chapter or related ordinances of the city, and, if such need exists, it shall recommend specific revision.
The Code Enforcement Director, in the discharge of his official
duties and upon proper identification, shall have authority to enter
any building, structure or premises at any reasonable hour.[1]
[1]
Editor's Note: Original Section 6, entitled "Fire limits established,"
which followed this section, was repealed 4-29-1986 by Ord. No. 122-86.7.
[Amended 8-31-1981 by Ord. No. 54-81.8; 4-29-1986 by Ord. No. 122-86.7; 2-23-1987 by Ord. No.
134-87.1; 4-14-1997 by Ord. No. 06.97.06; 11-22-2004 by Ord. No. 06.2004.06; 3-9-2009 by Ord. No. 03.2009.03]
The International Building Code, 2006 Edition and the International
Residential Code, 2006 Edition shall be amended as follows:
A.
Section 113.2.1 shall be added to read as follows:
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When the plans for the erection or alteration of a building,
are prepared by a licensed professional engineer or registered architect,
contemplate structural work or structural changes involving public
safety or health and such plans are accompanied by an affidavit of
the applicant that he has supervised the preparation of the architectural,
structural and mechanical design plans and that he will supervise
or check all working drawings and shop details for the construction,
and that the structure will be built under his field supervision and
in accordance with the approved plans, and that such plans and all
materials to be used in the construction conform to all the provisions
of this code and the legal rules adopted under its provisions, the
Code Enforcement Director may waive examination of the plans and field
inspection of the construction and may issue a permit for the performance
of the work.
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B.
Section 906.5 shall be amended to read as follows:
|
Sprinkler alarms: Any building or structure requiring a sprinkler
system will have said sprinkler system connected to the city's fire
alarm system.
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C.
Section 903.1, entitled "Approval," shall be amended by the addition
of the following sentence: "All automatic fire alarm systems required
by this code will be approved and inspected by the Fire Chief or his
authorized agent."
D.
Sections 1607.3 and 1608.3 shall be amended to read as follows:
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Minimum roof live loads: Minimum roof live loads are 55 pounds
per square foot.
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F.
Amend Section 1014.6.8 as follows: "riser height, 81/4 inches"; tread
depth, 9 inches."
G.
Section 1608.0 of the 1996 BOCA Code is amended as follows:
[Amended 8-31-1981 by Ord. No. 54-81.8; 11-22-2004 by Ord. No. 06.2004.06]
Any person who violates any of the provisions of this article
shall be guilty of a violation not to exceed a penalty of $500. Such
person shall be deemed to be guilty of a separate offense for each
and every day during any portion of which any violation of this article
is committed, continued or permitted by such person and shall be punishable
therefor as provided therein.
