[Ord. of 7-27-1987; Ord. of 6-23-1997(1)]
The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section:
[Ord. of 7-27-1987]
The enactment of this article is deemed necessary in order to
preserve the health, safety and general welfare of the citizens of
the City and to assure the proper construction, alteration, additions,
repair, removal, demolition, use, location, occupancy and maintenance
of all buildings and structures and their service equipment within
the City.
[Ord. of 7-27-1987; amended by Ord. No.
89-5, 4-24-1989; Ord. No. 91-11, 7-22-1991; Ord. of 11-28-1994; Ord. of 6-23-1997(1)]
(a) There is hereby adopted by reference the 1996 edition of the Virginia Uniform Statewide Building Code and supplements thereto as adopted and promulgated by the State Board of Housing and Community Development. The provisions of such code shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures in the City as set forth therein except as otherwise provided in §
6-1 of this chapter. The provisions of such code shall also control all other functions which pertain to the installation of systems vital to all buildings and structures and their service equipment, as defined by such code, and shall apply to existing and proposed buildings and structures in the City.
(b) All construction, alteration or repair of buildings or structures,
or the installation of plumbing, piping and wiring, mechanical or
electrical equipment in or upon such buildings, structures or premises
shall be reasonably safe to persons and property and in conformity
with the provisions of such code and all orders, rules and regulations
issued by authority thereof. Conformity of construction or installations
of equipment with regulations set forth in such code shall be prima
facie evidence that construction or installations are reasonably safe
to persons and property.
(c) Pursuant to Code of Virginia, § 1-13.39:2, it is intended
that any future amendments of the provisions of the Virginia Uniform
Statewide Building Code made applicable within the City by this article
shall be deemed to be incorporated into this article on the effective
date of such amendments.
[Ord. of 7-27-7; amended by Ord. No. 89-5, 4-24-1989; Ord. No. 91-11, 7-22-1991; Ord. of 11-28-1994; Ord. of 6-23-1997(1)]
Ordinances or parts thereof in force at the time this article
shall take effect, which are inconsistent with this article, are hereby
repealed; provided, that the zoning ordinance of this Code shall in
no way be nullified by the provisions of this article, except as may
be specifically required by the Virginia Uniform Statewide Building
Code, as amended from time to time.
[Ord. of 7-27-1987]
Copies of the Virginia Uniform Statewide Building Code are available
to members of the public in the office of the state department of
housing and community development and shall be offered for sale, when
available, at the office of the Building Official during regular business
hours.
[Ord. of 7-27-1987; amended by Ord. No.
2004-13, 5-24-2004; Ord. No. 2005-11, 5-23-2005]
(a) Fee for appeal from decision of Building Official or code official. The fee for an appeal from the decision of the Building Official or code official under §
6-30 shall be $100.
(b) Fee for application for modification of provisions of Virginia Uniform
Statewide Building Code. The fee for an application for modification
of a provision or provisions of the Virginia Uniform Statewide Building
Code shall be $100.
(c) Permit not issued until fees paid. On all buildings, structures,
alterations or repairs requiring a building permit, including plumbing,
electrical, and mechanical installation, as defined in the building
code, plumbing code, electrical code and mechanical code as adopted
by this commonwealth and entitled the Virginia Uniform Statewide Building
Code (VUSBC), no permit to begin work shall be valid until the fees
prescribed in this schedule shall have been paid to the bureau of
inspections except for structures, buildings, equipment, machines
and infrastructure improvements made exempt from permit fees by the
VUSBC as it is amended from time to time.
(d) Exceptions to exemptions above. Notwithstanding the provisions of Subsection
(c) above a building or portion of a building located on a farm that is operated as a restaurant as defined in Code of Virginia, § 35.1-1, and licensed as such by the Board of Health under Code of Virginia, Title 35.1, Ch.
2, shall require payment of building, plumbing, electrical and mechanical installation permit fees, and farm buildings otherwise exempt from permit fees which lie within a flood plain or in a mudslide-prone area shall be subject to flood proofing or mudslide regulations, as applicable.
(e) Additional fee for special plan review.
(1) An additional fee shall be paid by the applicant when plans of special
design are filed with the department of community development, and
the determination of the Building Official is that, in order to satisfy
safety and liability issues, such plans need to be forwarded to the
International Code Council (ICC) or other approved agency for review.
The fee for this review shall be the fee charged by the ICC or other
approved agency and shall be in addition to any other fees required
by this section.
(2) Plan reviews conducted by the local Building Department. The fees
shall be as follows based on gross floor area. Gross floor area shall
be the floor area within the perimeter of the outside walls of the
building under construction without deduction for hallways, floor
openings, closets, and thickness of walls, columns or other features.
[Amended 4-28-2014]
|
Building Area Per Floor
(square feet)
|
Fee
|
---|
|
2,499 or less
|
$50
|
|
2,500 to 5,000
|
$75
|
|
5,001 to 10,000
|
$100
|
|
10,001 to 30,000
|
$200
|
|
30,001 to 40,000
|
$300
|
|
Every additional 10,000 or a portion thereof
|
$100
|
(3) Accessory
structures (including but not limited to garages, carports, sheds,
swimming pools, spas and decks): $25.
(4) Fees
for repeated reviews. Plans requiring a third review due to missing
construction documents will be charged a new review fee: fee based
on the schedule above.
(f) Permit applications.
(1) Applications for permits shall be made by the owner or lessee of
the building or agent of either, or by the licensed professional engineer,
architect, contractor, or subcontractor, or their respective agents,
employed in connection with the proposed work. Once issued, permits
shall not be transferable to another owner, lessee, licensed professional
or agent thereof.
(2) Applications for permits shall be accompanied by a drawing showing
to scale the size, use and location of all existing structures and
improvements; the proposed construction and the distances of proposed
construction from existing structures and improvements, from lot lines
and from private and public easements and rights-of-way. Construction
within easements and rights-of-way shall be prohibited unless the
applicant provides evidence that the owner or beneficiary of the easement
or right-of-way has authorized the construction.
(g) Penalty for stop-work orders. When the Building Official finds that
work on any building is being performed contrary to the provisions
of the VUSBC or in a manner endangering the general public, he or
she shall issue a stop-work order immediately. The penalty for stop-work
orders issued by the bureau of inspections shall be $20 and must be
paid by the person(s) responsible for the faulty performance of such
work before the stop-work order is lifted.
(h) Reinspection fees. Whenever the Building Official shall determine
that a second or additional inspection trip is necessary due to the
failure of an owner, contractor or subcontractor to properly correct
faulty work or whenever an inspection has been requested before the
work to be inspected has been completed to the degree required; or
whenever the inspector cannot obtain reasonable access to the work
to be inspected, the inspector shall assess a service charge of $20.
Such charge shall be chargeable to the holder of the permit covering
such work and shall be paid prior to inspection or reinspection of
such work.
(i) Permit extension and suspension. Any permit issued shall become invalid
if the authorized work is not commenced within six months after issuance
of the permit; or if the authorized work is suspended or abandoned
for a period of six months after the time of commencement of the work;
the failure to complete enough work to schedule an inspection during
any six-month period may be grounds for finding that work has been
abandoned or suspended; however, permits issued for building equipment
such as plumbing, electrical and mechanical work shall not become
invalid if the building permit is still in effect. Upon written request,
and for good cause shown, the Building Official may grant one or more
extensions of time not to exceed six months per extension. Such request
shall be in writing and submitted prior to the permit becoming invalid.
The fee shall be $20 per extension.
(j) Fees based on construction valuation. Where the provisions of this
section require the payment of a fee based on the current value of
all services, labor and material, the Building Official may require
that a detailed cost estimate be submitted for review and approval
as a prerequisite to the issuance of any permit.
(k) Refunds of fees. The Building Official may authorize the refunding
of any permit fee paid pursuant to this section upon application by
the person who paid such fee under the following conditions:
(1) If an applicant requests in writing the cancellation of a permit
prior to the start of construction or requests for inspections, the
permit fees, less a service charge of $20 and the plan review fee,
if applicable, shall be refunded.
(2) If an applicant requests in writing the cancellation of a permit
after the work authorized by the permit has begun and inspections
have been made, the permit fees, less a $20 service charge, a $20
charge for each inspection made and the plans review fee, if applicable,
shall be refunded.
(3) The above provisions notwithstanding, no refund shall be made if
six months have expired since the issuance of the permit(s).
(l) Fee for appeal. For each appeal to the Building Code Board of Appeals,
the fee shall be $100.
(m) Building permits. A building permit shall be required for the following
types and classes of activities. Electrical, plumbing and mechanical
work is not covered by a building permit and, if such work is to be
performed, separate permits shall be obtained, and the applicable
fees shall be paid. No building permit shall be issued unless and
until a certificate of zoning compliance, as required by the City
code, has been obtained from the zoning administrator. Fees for building
permits shall be as follows:
[Amended 4-28-2014]
|
Type
|
Fee
|
---|
|
(1)
|
For new construction (including additions in all use groups).
Fee based on square feet of gross floor area. Includes manufactured
(HUD) homes, modular industrialized building units, garages, sheds,
decks and porches, etc.
|
|
|
Gross floor area shall be the floor area within the perimeter
of the outside walls of the building under construction without deduction
for hallways, floor openings, closets, thickness of walls, columns,
or other features.
|
|
|
0 — 500 square feet
|
$50
|
|
|
501 — 1,000 square feet
|
$80
|
|
|
1,001 — 1,500 square feet
|
$110
|
|
|
1,501 — 2,000 square feet
|
$160
|
|
|
2,001 — 2,500 square feet
|
$200
|
|
|
2,501 — 3,000 square feet
|
$250
|
|
|
3,001 — 3,500 square feet
|
$290
|
|
|
3,501 — 4,000 square feet
|
$340
|
|
|
4,001 — 4,500 square feet
|
$380
|
|
|
4,501 — 5,000 square feet
|
$430
|
|
|
5,000+ square feet
|
$450, plus $40 for each 500 square feet or fraction thereof
in excess of 5,000 square feet
|
|
(2)
|
(Reserved)
|
|
(3)
|
For the alteration or repair of any building or structure; the
construction or erection of piers, bulkheads, towers, swimming pools,
or pool systems; the installation of fire alarm systems; the installation
of security or energy systems; the installation of site illumination;
the removal of asbestos; and any other additions or alterations to
these or similar structures or systems. Fee based on current value
of all service, labor, and material
|
|
|
0 — $1,000
|
$25
|
|
|
$1,001 — $5,000
|
$45
|
|
|
Greater than $5,000
|
$50, plus $20 for each $5,000 or fraction thereof, of value
in excess of $5,000
|
|
(4)
|
For the installation or erection of a manufactured home or industrialized
building unit
|
Same as Subsection (1) above
|
|
(5)
|
For the placing of tents or movable structures, each
|
$25
|
|
(6)
|
Annual permit as defined in VUSBC
|
$50
|
|
(7)
|
For the demolition or razing of any building or structure, each
|
$25
|
|
(8)
|
For the removal and placement of an existing building or structure,
in part or in whole, from one location to another to another new location,
whether or not the new location is on the same lot or parcel of land
|
$50
|
|
(9)
|
For the installation of walls or fencing, whether wood, metal,
masonry, or other material, each
|
$25
|
|
(10)
|
For construction not covered by any of the above, the permit
fee shall be assessed and collected at the rate of 1% of the retail
value or current market value of the work being done, provided that
the minimum permit fee shall be
|
$25
|
(n) Plumbing permits. A plumbing permit shall be required for any work
which includes but is not limited to the installation or alteration
of plumbing fixtures or water supply systems, and connections to any
building drain, public or private sanitary sewage system, or manufactured
or mobile home hookup.
|
Type
|
Fee
|
---|
|
(1)
|
New residential — R-3 and R-4 use groups (including water
and sewer lateral), per dwelling unit
|
$50
|
|
(2)
|
Additions, alterations and repairs — R-3 and R-4 use groups
(including additions), per dwelling unit
|
$25
|
|
(3)
|
New commercial (including additions)
|
$50, plus $15 per bathroom group as defined in the National
Plumbing Code
|
|
(4)
|
Alterations and repairs (all use groups)
|
$25
|
|
(5)
|
Water, sewer, and/or gas lines
|
$25
|
|
|
An additional fee of $20 will be charged if the septic tank
is abandoned.
|
|
|
(6)
|
Fire suppression systems
|
|
|
|
0 — $1,000 in value
|
$25
|
|
|
$1,001 — $2,000
|
$40
|
|
|
Over $2,000
|
$40, plus $5 for each additional $500, or fraction thereof,
of value in excess of $2,000
|
(o) Electrical permits. An electrical permit shall be required for the
following types and classes of activities. Fees for said permits shall
be as indicated.
[Amended 4-28-2014]
|
Type
|
Fee
|
---|
|
(1)
|
Residential R-4 and R-5 use groups
|
|
|
|
Temporary service for construction (temporary pole)
|
$25
|
|
|
0 — 200 amperes, per dwelling unit
|
$50
|
|
|
Greater than 200 amperes, per dwelling unit
|
$50, plus $25 for each additional 100 amperes, or fraction thereof,
in excess of 200 amperes
|
|
(2)
|
Commercial and industrial
|
|
|
|
0 — 200 amperes
|
$50
|
|
|
Greater than 200 amperes
|
$50, plus $25 for each additional 50 amperes, or fraction thereof,
in excess of 200 amperes
|
|
(3)
|
Service upgrades, including panel change-out
|
|
|
|
0 — 200 amperes, per dwelling unit
|
$50
|
|
|
Greater than 200 amperes, per dwelling unit
|
$50, plus $25 for each additional 100 amperes, or fraction thereof,
in excess of 200 amperes
|
|
(4)
|
Electrical additions and alterations of branch circuits; provided,
however, that no additional fee shall be assessed where service has
been upgraded
|
$25, plus $5 for each additional $500, or fraction thereof,
of value in excess of $2,000
|
|
(5)
|
Temporary electrical service
|
$25
|
(p) Mechanical permits. A mechanical permit shall be required for the
following types and classes of activities. Fees for said permits shall
be as indicated.
|
Type
|
Fee
|
---|
|
(1)
|
For the installation, replacement, repair, or alteration of
mechanical systems or equipment, or freestanding fireplaces, solid
fuel stoves, elevators, dumbwaiters, moving stairs and walks, manlifts,
hoisting or conveying equipment, amusement devices, and other mechanical
installations or alterations
|
|
|
|
a.
|
New residential (R-3 and R-4 use groups) per dwelling unit
|
$50
|
|
|
b.
|
Alterations, repairs, additions (R-3 and R-4 use groups) per
dwelling unit
|
$25
|
|
|
c.
|
New commercial, including additions
|
|
|
|
|
0 — 1,000 square feet
|
$25
|
|
|
|
1,001 — 3,000 square feet
|
$50
|
|
|
|
Greater than 3,000 square feet
|
$50, plus $10 for each additional 500 square feet in excess
of 3,000 square feet
|
|
|
d.
|
Alterations and repairs
|
$25
|
|
(2)
|
L.P.G. (i.e., butane, propane, etc.) tanks and associated piping
(total water capacity in gallons)
|
|
|
|
|
0 — 500 gallons
|
$25
|
|
|
|
501 — 2,000 gallons
|
$30
|
|
|
|
Over 2,000 gallons
|
$40
|
|
(3)
|
Tanks and associated piping for flammable and combustible liquids
(capacity in gallons per tank)
|
|
|
|
|
0 — 10,000 gallons
|
$25
|
|
|
|
10,001 — 20,000 gallons
|
$30
|
|
|
|
20,001 — 50,000 gallons
|
$40
|
|
|
|
Over 50,000 gallons
|
$50
|
|
(4)
|
Removal of underground storage tanks (UST)
|
|
|
|
|
Removal of fuel storage tanks (minimum)
|
$25
|
|
|
|
Multiple tanks, each
|
$15
|
|
(5)
|
Commercial cooking hoods
|
$25
|
|
(6)
|
Hood suppression systems
|
$25
|
(q) Sign permits.
|
Type
|
Fee
|
---|
|
(1)
|
A sign permit shall be required for the erection, relocation,
or structural alteration of all signs. No sign permit shall be issued
unless and until a certificate of zoning compliance, as required by
the City Code, has been obtained from the zoning administrator. The
fee for such permits shall be as follows.
|
|
|
Base fee
|
$35
|
|
|
In addition to the main sign for the address, the base fee includes
all signs with a total aggregate square footage sign face area of
10 square feet or less for each sign (includes entrance, exit, and
directional signs).
|
|
|
For erection and/or relocation of signs; fee is determined by
base fee plus area fee. Area fee shall be determined by total square
footage area of all sign faces of each sign.
|
|
|
Area of Sign Faces
|
Additional Fee
|
|
|
0 — 50 square feet
|
$10
|
|
|
51 — 100 square feet
|
$20
|
|
|
101 — 300 square feet
|
$30
|
|
|
Over 300 square feet
|
$40
|
|
(2)
|
For structural alterations
|
$20 plus the applicable amount from the above table matching
the increase, if any, in sign area. In addition to the permits for
material installation, if the sign is illuminated, an electrical permit
shall be required.
|
(r) Miscellaneous permits.
|
Type
|
Fee
|
---|
|
(1)
|
Annual operating permits for other than landscape irrigation
systems for R-4 and R-5 (backflow devices, elevators, fire suppression
systems, etc.) The owners/operators of establishments having such
facilities shall be responsible for obtaining the permits, and for
paying the requisite fee, at least 30 days prior to the expiration
of the then-in-effect annual permit. The applicant shall have the
inspection performed by a certified individual in the presence of
an inspector and shall submit the inspection report to the Building
Official not later than 30 days after the inspection has been conducted. [Amended 4-28-2014]
|
|
|
Annual inspection
|
$40
|
|
(2)
|
In addition to permits for material installation, all amusement
devices and rides shall be subject to an annual permit and inspection,
as required in the amusement device regulations of the USBC, prior
to each seasonal opening. The owner/operator of an establishment having
such facilities shall be responsible for obtaining the permit and
paying the requisite fee, at least 30 days prior to the expiration
of the then-in-effect annual permit. In addition, all of the above
shall be subject to the operation inspection as required in the amusement
device regulations of the USBC.
|
|
|
Each ride, annual inspection
|
$35
|
|
|
Operation inspection-entire park or facility
|
$75
|
|
|
When a third-party inspector (not an employee of the City of
Franklin) is utilized by the owner/lessee to make the required amusement
device inspections, an administrative fee of $75 shall be paid by
such owner or lessee.
|
|
(3)
|
A permit and inspection shall be required for rides that consist
principally of portable devices temporarily situated at a site, and
as defined in Section 600.6.1 of the 1987 edition of the Virginia
Amusement Device Regulations, as amended, 1990.
|
|
|
Amusement Device (As defined in the Virginia Uniform Statewide
Building Code)
|
|
|
a.
|
Kiddie ride, per ride
|
$15
|
|
|
|
Definition: An amusement ride designed primarily for use by
children up to 12 years of age that requires simple reassembly procedures
prior to operation, and that does not require complex inspections
prior to operations. Examples of kiddie rides include, but are not
limited to the following:
|
|
|
|
Airplane Swing
|
|
|
|
Alligators
|
|
|
|
Amtrak Train
|
|
|
|
Bear in the Air
|
|
|
|
Bulgy the Whale
|
|
|
|
Bumble Bees
|
|
|
|
Caterpillar Train
|
|
|
|
Clown-A-Round
|
|
|
|
Clown Pillow
|
|
|
|
Convoy
|
|
|
|
Flying Saucer
|
|
|
|
Giant Slide
|
|
|
|
Go-Gator Coaster
|
|
|
|
Italian Kiddie Swings
|
|
|
|
Jolly Caterpillar
|
|
|
|
Kiddie Boats
|
|
|
|
Kiddie Car
|
|
|
|
Kiddie Ferris Wheel
|
|
|
|
Kiddie Motorcycles
|
|
|
|
Kiddie Train
|
|
|
|
Kiddie Tubs-O-Fun
|
|
|
|
Merry-Go-Round
|
|
|
|
Mini Bumper Cars
|
|
|
|
Mini Scrambler
|
|
|
|
Moon Walk
|
|
|
|
Motorcycle Jumps
|
|
|
|
Red Baron
|
|
|
|
River Canoes
|
|
|
|
Sky Fighter
|
|
|
|
Space Castle
|
|
|
|
Turnpike Autos
|
|
|
b.
|
Major ride, per ride
|
$25
|
|
|
|
Definition: Major ride means "flat ride" or "circular ride",
as defined by ASTM Standards on Amusement Rides and Devices,* not
classified as "spectacular ride" or "kiddie ride", that may be inspected
principally from the ground (i.e., inspector remains within a height
not greater than 20 feet off the ground or loading platform). Examples
of major rides include, but are not limited to the following:
|
|
|
|
All "Dark Rides"
|
|
|
|
Astro Liner
|
|
|
|
Bumper Boats
|
|
|
|
Bumper Cars
|
|
|
|
Double Loop
|
|
|
|
Far Out
|
|
|
|
Gravitron
|
|
|
|
Hurricane
|
|
|
|
Jules Vern
|
|
|
|
Rock-O-Plane
|
|
|
|
Round-Up
|
|
|
|
Scrambler
|
|
|
|
Side Winder
|
|
|
|
Spider
|
|
|
|
Tempest
|
|
|
|
Tilt-A-Whirl
|
|
|
|
Tip Top
|
|
|
|
Tub-O-Fun
|
|
|
|
Twister
|
|
|
c.
|
Spectacular ride, per ride
|
$45
|
|
|
|
Definition: Spectacular ride means "high ride," "flat ride,"
or "circular ride," as defined by ASTM Standards on Amusement Rides
and Devices,* which because of their height, size, length, capacity,
or complexity of assembly and operation require a greater amount of
inspection effort. Examples of spectacular rides include but are not
limited to the following:
|
|
|
|
Armour
|
|
|
|
Cortina Bobs
|
|
|
|
Ferris Wheel
|
|
|
|
Flying Bobs
|
|
|
|
Galactica
|
|
|
|
Giant Wheel
|
|
|
|
Himalaya
|
|
|
|
Log Flume
|
|
|
|
Looping Star
|
|
|
|
Music Express
|
|
|
|
Music Fest
|
|
|
|
1001 Nights
|
|
|
|
Paratrooper
|
|
|
|
Pirate Ship
|
|
|
|
Roller Coasters
|
|
|
|
Galaxy
|
|
|
|
High Rise
|
|
|
|
Loch Ness Monster
|
|
|
|
Ranger
|
|
|
|
Rebel Yell
|
|
|
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Shock Wave
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Toboggan
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Wild Mouse
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Sky Diver
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Sky Wheel
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Super Cat
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Super Himalaya
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Super Loop
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Super Roundup
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Swiss Bobs
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Viking Ship
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Wave Swinger
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Yo Yo
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Zipper
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*ASTM Definitions (ASTM Designation: F 747-86)
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Circular ride: An amusement ride whose motion is primarily rotary
in a fixed or variable plane from horizontal to 45° above horizontal.
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Flat ride: An amusement ride that operates on a single level
whether over a controlled, fixed course or tract, or confined to a
limited area of operation.
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High ride: An amusement ride whose motion is in a fixed or variable
plane from horizontal or vertical.
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[Ord. of 7-27-1987; amended by Ord. of 11-28-1994; Ord. of 6-23-1997(1); Ord. of 2-22-1999(3)]
(a) There is hereby established a Building Code Board of Appeals consisting
of five members in accordance with the Virginia Uniform Statewide
Building Code.
(b) Members shall be selected by City Council on the basis of their ability to render fair and competent decisions regarding the Uniform Statewide Building Code and §
6-1 of this chapter, and to the extent such persons are available the Building Code Board of Appeals shall consist of the following:
(1) Registered design professional who is a registered architect or a
builder or superintendent of building construction with at least 10
years' experience, five of which shall have been in responsible charge
of work.
(2) Registered design professional with structural engineering or architectural
experience.
(3) Registered design professional with mechanical or plumbing engineering
experience or a mechanical or plumbing contractor with at least 10
years' experience, five of which shall have been in responsible charge
of work.
(4) Registered design professional with electrical engineering experience
or an electrical contractor with at least 10 years' experience, five
of which shall have been in responsible charge of work.
(5) Registered design professional with fire protection engineering experience
or a fire protection contractor with 10 years' experience, five of
which shall have been in responsible charge of work.
(c) City Council shall also appoint a secretary to the Building Code
Board of Appeals to maintain a detailed record of all proceedings.
[Ord. of 7-27-1987; amended by Ord. of 12-11-1995(1)]
Members of the Building Code Board of Appeals shall first be
appointed by the City Council as follows: two members for four-year
terms, one member for a three-year term, one member for a two-year
term and one member for a one-year term. Subsequent appointments shall
be for terms of four years each. No member shall serve more than two
consecutive four-year terms.
[Ord. of 7-27-1987; amended by Ord. of 11-28-1994]
The Building Code Board of Appeals shall hear appeals from decisions
of the Building Official or Code Official based on any of the following
claims:
(1) Incorrect application of the Virginia Uniform Statewide Building
Code.
(2) Incorrect interpretation of the Virginia Uniform Statewide Building
Code or rules adopted thereunder.
(3) Incorrect application or interpretation of §
6-1 hereinabove involving unsafe buildings, walls or other structures.
(4) Refusal to grant a modification to the Virginia Uniform Statewide
Building Code covering the manner of construction, maintenance, use
or materials to be used in the erection, alteration, maintenance or
repair of a building or structure when it is asserted that such a
modification is an equally good or better way to accomplish the work
to be performed.
[Ord. of 7-27-1987; amended by Ord. of 11-28-1994; Ord. of 6-23-1997(1); Ord. of 2-22-1999(3)]
(a) The owner of a building or structure, the owner's agent or any other person involved in the design or construction of the building or structure may appeal a decision of the Building Official or code official on any of the grounds set forth in §
6-30 hereinabove.
(b) Appeals relating to construction shall be submitted within 30 calendar days of the decision of the Building Official. Appeals relating to maintenance shall be submitted within 21 days of the decision of the Building Official. Appeals relating to §
6-1 shall be submitted within 21 calendar days of the later of the return of the receipt or the second publication of the decision of the Building Official required by Subsection
(b) of §
6-1 above.
(c) Any person filing an application for a hearing before the Building
Code Board of Appeals shall pay a nonrefundable fee with the application
in an amount provided for by ordinance of the City Council from time
to time.
[Ord. of 7-27-1987; amended by Ord. of 11-28-1994; Ord. of 6-23-1997(1)]
(a) After final determination by the Building Code Board of Appeals,
any person who was a party to an appeal involving the Virginia Uniform
Statewide Building Code may further appeal to the State Building Code
Technical Review Board by submitting an application to the board within
21 calendar days from receipt of the decision of the Building Code
Board of Appeals.
(b) Decisions of the Building Code Board of Appeals involving §
6-1 of this chapter and decisions of the State Building Code Technical Review Board involving the Virginia Uniform Statewide Building Code may be appealed to the Southampton County Circuit Court by filing a notice of appeal and petition for review with the court within 30 calendar days after the date of the final order or final decision and by delivering a copy of the notice and the petition to the Building Official or the Code Official. In the event that the appeal is from the State Building Code Technical Review Board or any of its divisions the notice of appeal shall also be filed with the secretary of that board. The filing of the appeal shall not act to stay the order or effect of the decision from which the appeal is taken. Within five working days after receipt of the notice, the Building Official or Code Official in cases involving §
6-1 of this chapter, and the secretary of the State Building Code Technical Review Board in all other cases shall file in the record of the suit a statement of the reason, including any findings of fact and/or conclusion of law, upon which the order or decision appealed from was based. Further proceedings shall be in accordance with equity jurisdiction and procedure. The court may render its judgment upon the record or it may hear any additional evidence it deems appropriate.
(c) The court may affirm the final order or decision from which the appeal
has been taken, it may remand the matter for further proceedings or
it may reverse or modify the order or decision on appeal if the substantial
rights of the appellant have been prejudiced because the order or
decision was:
(1) In violation of any constitutional provision;
(2) In excess of lawful authority or jurisdiction;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Unsupported by the evidence on the record considered as a whole;
or
(6) Arbitrary capricious or an abuse of discretion.