[Adopted as amended 4-11-2006[1]]
[1]
Editor's Note: The Town took action 4-11-2017 ATM by Art.
7 to accept the renumbering of and revisions to this article.
Pursuant to RSA 673:1, V, the Conway Board of Selectmen is hereby
authorized to establish a Building Code Board of Appeals, rules of
procedure governing said board and appoint members. Until such time
as the Board of Selectmen establish a Building Code Board of Appeals,
the Zoning Board of Adjustment shall act as the Building Code Board
of Appeals.
[1]
Editor's Note: Original §§ 88-1, Legislative
intent, and 88-2, Adoption of building code, of the prior Code, which
immediately preceded this section, were repealed 4-11-2017 ATM by
Art. 7.
A.
No building or other structure shall be constructed, altered or moved
until a written building permit has been issued by the Selectmen or
their agent when the construction or alteration to take place is of
the following types:
(1)
Structural. All structural changes, additions and/or alterations
to a building or other structure shall require a building permit.
Furthermore, all changes, additions and/or alterations that may affect
the structural capacity of an existing building or other structure
shall require a building permit.
(2)
Footprint expansion. All expansions of the existing footprint (as defined in Chapter 190, Zoning, § 190-32) of a building shall require a building permit.
(3)
Assessor's use.
(a)
All residential home improvements to a building or other structure
costing in excess of $1,500 per structure per year shall require a
building permit. If labor is to be done by the owner, then the value
of the improvement shall be determined by doubling the value of the
materials used.
(b)
All improvements to a commercial structure, regardless of value,
shall require a building permit.
B.
A certificate of occupancy/compliance is required by the Town of
Conway after completion of work under all commercial nonresidential
or multifamily building permits. A certificate of occupancy/compliance
may be issued by the Town of Conway as requested after completion
of work under a one- or two-family residential building permit.
A.
All contractors shall be registered prior to working on any project
in the Town of Conway. A registration may be applied for at the Town
offices and will be issued by the Selectmen or their duly appointed
agent. There shall be no fee for this registration.
B.
Upon obtaining a registration from the Town of Conway, the contractor
accepts the responsibility for obtaining and keeping current all building
permits required by the Town. Should a contractor violate this section
of the Conway Code, the penalties shall be as set from time to time
by the Board of Selectmen. After the second offense, the contractor
is prohibited from obtaining building permits directly or as an agent
or owner for a period of six months and shall pay a fine as set from
time to time by the Board of Selectmen.
[Amended 4-11-2017 ATM by Art. 7]
C.
Any person who violates this section and wishes to appeal the penalties
may do so by appearing before the Board of Selectmen.
Prior to issuing a building permit, applications shall be reviewed
by the Selectmen or their agent to ensure compliance with applicable
codes. All applications shall be reviewed by the Selectmen or their
agent to determine whether Planning Board approval is necessary. If
Planning Board approval is not necessary, a separate zoning permit
is required. If Planning Board approval is required, a separate zoning
permit shall not be required and the applicant shall proceed to the
Planning Board for the necessary approvals.
[Amended 4-14-2015 ATM by Art. 4A; 4-11-2017 ATM by Art.
7]
A.
A nonrefundable fee shall be paid to the Town with each application
for a building permit in an amount set from time to time by the Town
Meeting.
B.
Words and phrases hereunder shall be deemed to have the same meaning
and definitions as set forth in the State Building Code adopted in
this article. Dollars per square foot are to be based on current mean
construction cost data, and repairs and remodeling $/SF shall be based
on general estimated practice.
C.
In all cases, estimates shall at least meet valuations represented
in the latest edition of the Marshall Valuation Service (Marshall
and Swift, LP) on file in the Assessor's office.
D.
Notwithstanding any other enforcement action available to the Town,
an applicant filing an application late may be required to pay an
additional penalty fee as set from time to time by the Board of Selectmen
for each day between the date construction began and the date the
application was filed.
E.
A nonrefundable fee in an amount set from time to time by the Town
Meeting shall be paid to the Town with each application for a zoning
permit.
A.
Each application for a building permit and application for a zoning
permit or change of use shall be in writing, signed by the owner of
the property to be built upon, on forms to be supplied by the Town.
These forms shall be filled out in sufficient detail to show conformance
with this article and all applicable state and Town of Conway rules,
regulations and ordinances. Copies of the original forms to be used
hereunder have been filed by the Selectmen with the Town Clerk of
Conway with a copy of this article prior to its adoption.
B.
In addition to the application forms, all applicants for a building
permit for a commercial or multifamily (three-or-more-unit buildings)
project shall be required to submit architectural/structural plans
conforming to the State Building Code as part of their submission.
The applicant shall submit one copy of these plans to the Town's Building
Inspector and one copy to the Fire Chief having jurisdiction.
[Amended 4-11-2017 ATM by Art. 7]
Any building permit shall expire upon completion of the proposed
project as may be indicated on the form or at the end of one year,
whichever time shall arrive earlier. All building permits issued by
the Town prior to the date of adoption of this article shall remain
valid no longer than one year after the effective date of this article.
The Selectmen shall be authorized to amend the forms to be used
hereunder from time to time, provided that at least two public hearings
shall be held, with each hearing having published notices therefor
at least two weeks prior to such hearing; after the second hearing,
the Selectmen shall vote to adopt amended forms, record the amended
forms with the Town Clerk of Conway, and thereafter the same shall
be valid and enforceable. In the notice of the second hearing, the
entire proposed amendment shall be published and no substantive changes
may be made after the second hearing.
[Amended 4-11-2017 ATM by Art. 7]
Any violation of any provision of this article or the forms
promulgated hereunder shall be punished on conviction by a fine of
$275 for the first offense and $550 for subsequent offenses pursuant
to RSA 676:17. The Town may also enforce this article and the regulations
hereunder by injunction, restraining order or other appropriate action.
This article shall apply throughout the Town of Conway and shall
take effect when adopted at any duly warned Town Meeting.
In the event that the requirements of this article are in conflict
with other codes, the more stringent shall apply.
Nothing in this article or in the Building Code hereby adopted
shall be construed to affect any suit or proceeding pending in any
court, or any rights acquired, or liability incurred, or any cause
or causes of action acquired or existing under any act or ordinance
hereby repealed, nor shall any just or legal right or remedy of any
character be lost, impaired or affected by this article.
This article may be amended in accordance with RSA 675:3. This
shall not be deemed to limit the authority of the Selectmen to adopt
and/or amend forms consistent with the powers and procedures established
hereunder.
