This article shall be known as the town building code.
(Ordinance 288-01 adopted 12/19/01; 2004 Code, sec. 3.101)
For purposes of this article, the term “person” means any individual, corporation, nonprofit corporation, partnership, joint venture, political subdivision, association or any other legal entity.
(Ordinance 288-01 adopted 12/19/01; 2004 Code, sec. 3.115)
Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction in the municipal court, shall be subject to a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense, and such violation is hereby declared to be a common nuisance which may be abated by the town in any manner authorized by law, including injunction and an action for damages.
(Ordinance 288-01 adopted 12/19/01; 2004 Code, sec. 3.116)
The town secretary and building official shall at all times maintain a copy of the model construction codes adopted pursuant to this article.
(Ordinance 288-01 adopted 12/19/01; 2004 Code, sec. 3.102)
(a)
Office established; appointment.
The office of building official is hereby established by the town. The building official shall be appointed by the town council. The building official may also be referred to as the “code official” or “code enforcement official.”
(b)
Authority.
The building official is hereby authorized and directed to enforce the provisions of the town building code. The building official shall have the duties of conducting all inspections for the construction of buildings and structures, including the refurbishing and remodeling of same. The building official shall have authority to render interpretations of the building code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the building code, but shall not have the effect of waiving the express requirements of same.
(c)
Notice of violation and complaint.
If the building official determines that the building code has been violated, and if, after reasonable notice, the violation has not been corrected, then the building official may issue a citation for the violation in the form of a complaint by the town based on the violation. Such complaint may be filed for prosecution in the municipal court.
(Ordinance 288-01 adopted 12/19/01; 2004 Code, sec. 3.111)
(a)
Application.
All persons desiring to construct, refurbish, remodel or improve any building or structure within the corporate limits of the town shall make application for a building permit for said structure with the town secretary. All applications for building permits shall be accompanied by three (3) copies each of a property survey, site plan, building plan, and foundation plan, together with such copies as the town secretary or building official determines to be necessary for review by other administrative officers and agencies, and shall be drawn to scale, showing the actual dimensions and shape of a lot to be built upon, the exact size and location of the building on the lot already existing, if any, and the location and dimensions of proposed buildings, structures or alterations. Prior to the issuance of a building permit, the following must be provided:
(1)
A permit for the installation or construction of a septic system, if required, is approved by the town sanitarian.
(2)
A preliminary grading and drainage plan must be submitted with all applications for new construction (i.e., residences, additions, accessory structures or commercial structures in excess of 1,500 square feet, swimming pools or other features that may affect the town’s drainage). The plans shall incorporate all information as required by the town engineer, including, but not limited to, the proposed finish-floor elevations, location of existing structures, proposed building footprint and erosion control measures. Erosion control measures shall be installed to ensure that no sediment is discharged onto the town’s right-of-way, adjacent properties or drainage facilities, such as easements or ponds.
(3)
Verification that the lot is in compliance with all platting requirements of the town.
(4)
Any additional information as lawfully may be required by the town secretary or building official, including a copy of trade licenses of the general contractor or subcontractors; existing or proposed uses of the building or structure and land; conditions existing on the lot; and such other matters as may be necessary to determine conformance with the town’s comprehensive zoning ordinance, subdivision control ordinance and/or building code.
(5)
No building permit shall be issued until written approval is provided, to the town, from the appropriate water supplier, that adequate water is available for potable domestic drinking and fire suppression. This section, regarding fire suppression, is only applicable to new developments, creating more than four (4) lots.
(b)
Issuance.
The town secretary shall issue all building permits upon approval of the building official. A building permit shall only be issued when compliance with this article and all other ordinances of the town is assured. No placement, construction, remodeling, refurbishment or construction of any kind of any building or structure may be commenced prior to the issuance of a building permit.
(c)
Expiration; renewal or extension.
All building permits are valid for one (1) year from the date of issue. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
(d)
Suspension.
Building permits, or a person’s ability to secure building permits, may be suspended, for a specified period of time not to exceed one hundred eighty (180) days, or revoked by the building official for any of the following causes:
(1)
Failing to finalize building permits by obtaining the required inspections;
(2)
Allowing the use or occupancy of a structure or facility without first obtaining the required authorization or certificate of occupancy;
(3)
Making false statements or misrepresenting facts on the application or on the construction documents upon which a building permit or building official approval was based;
(4)
Gross negligence in the performance of the work made the subject of a building permit; or
(5)
The expiration, suspension or revocation of a required license, bond or insurance.
The suspension period specified herein may be extended by the building official. The affected person may appeal permit revocation or suspension to the board of adjustment. |
(Ordinance 288-01 adopted 12/19/01; Ordinance 493-10 adopted 6/15/10; 2004 Code, sec. 3.112(a)–(d) ; Ordinance 596-15, sec. 1, adopted 12/15/15; Ordinance 732-22 adopted 8/16/2022)
Each general contractor, plumbing contractor, irrigation contractor, mechanical contractor, and electric contractor shall be required to maintain a registration with the town before performing any type of construction work regulated by the town construction regulations. No permit be shall issued to construct, refurbish, remodel or improve a building or structure within the corporate limits of the town without each contractor having first registered with the town.
(1)
Registration information.
Each contractor shall furnish the town with the following information on forms provided by the town:
(A)
Contractor classification.
(B)
Company name.
(C)
Company mailing address.
(D)
Company telephone number.
(E)
Principal owner’s name and mailing address.
(F)
Principal owner’s driver’s license number.
(G)
Any additional information deemed necessary for identification purposes.
(H)
Applications must include a copy of the contractor’s driver’s license and a copy of the following state-issued license:
(i)
Mechanical registrations shall contain a current state air conditioning and refrigeration license issued by the state department of licensing and regulation;
(ii)
Electrical registrations shall contain a current state electrical license issued by the state department of licensing and regulation;
(iii)
Plumbing registrations shall contain a current master plumber’s license issued by the state board of plumbing examiners; and
(iv)
Irrigation registrations shall contain a current state irrigator’s license issued by the state commission on environmental quality.
(2)
Verification of insurance.
The town shall verify that a plumbing contractor has a valid certificate of insurance on file with state board of plumbing examiners through the board’s website or by contacting the board by phone.
(3)
Fee.
An annual registration fee shall be required for all contractors, excepting master plumbers. The annual registration fee shall be set by the town’s adopted fee schedule and shall be payable at the time of registration. The fiscal year for the payment of the registration fee begins on January 1st and ends at midnight on December 31st of the same year. Registration is valid for the calendar year you are registering in unless you are registering in December, in which case your registration will carry over to the following calendar year.
(5)
Denial.
The registration of a contractor may be denied by the building official, or the registration may be revoked by the board of adjustment if the registration is issued on the basis of incorrect information supplied by the contractor.
(6)
Revocation or suspension.
In the event of knowingly committing outstanding violations of town requirements, the building official may revoke or suspend a contractor’s registration up to one year. After the one-year revocation, the contractor may reapply for registration as a new contractor as set forth in subsections (1) and (3) above.
(7)
Appeal procedures.
(A)
In the event that a contractor wishes to appeal the decision of the building official for revocation or suspension, the contractor shall file a written notice of appeal in the office of the building official within ten days of receipt of the notice for revocation or suspension.
(B)
A hearing shall be held before the town board of adjustment after the contractor has been given notice of the hearing by personal service or certified mail, return receipt requested, at least ten days prior to the hearing date.
(C)
After the hearing, the contractor shall be notified in writing of the determination of the board of adjustment by personal service or certified mail, return receipt requested.
(8)
Exemption for homeowner.
No such registration procedure shall be required for alteration or repair work to be performed on a residential structure when the person performing the alteration or repair work is the owner of the structure, has his legal residence there, and is not assisted by any other contractor for remuneration. The homeowner shall be automatically termed a registrant for the purposes of such a project without registration. Notwithstanding such relief from registration, all requirements for permits for the work and all other applicable provisions of this building code shall remain in force.
(Ordinance 301-02 adopted 8/20/02; Ordinance 483-09 adopted 10/20/09; 2004 Code, sec. 3.112(e))
(a)
Fee schedule.
The town council may from time to time set building permit fee schedules by resolution when it determines that such changes in the schedule of fees are necessary for the effective administration and enforcement of the building code or any other ordinance of the town. A building permit shall not be issued or amended until the prescribed fee has been paid.
(b)
Work commencing before permit issuance.
Any person who commences any work requiring a permit before obtaining the necessary permits shall be subject to 100 percent of the usual permit fee(s) in addition to the required permit fee(s).
(c)
Refunds.
The building official shall authorize the refunding of permit fees as follows:
(1)
The full amount of any fee erroneously paid or collected hereunder.
(2)
Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.
(3)
Not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.
The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the day of fee payment. |
(Ordinance 288-01 adopted 12/19/01; 2004 Code, sec. 3.113)
In order to insure that all new construction and the use of all existing structures within the town comply with the building code, a certificate of occupancy shall be required in accordance with the provisions for certificates of occupancy set forth in the model construction codes adopted pursuant to this article, as amended, subject to the following amendments:
(1)
Application.
Any person who proposes to use a building or structure located within the town after the effective date of this section (December 19, 2001) shall file an application for a certificate of occupancy in the office of the town secretary on forms provided by the town secretary. Upon approval by the building official, a certificate of occupancy shall be issued stating that the building and proposed use of a building complies with the town’s building code, comprehensive zoning ordinance and subdivision control ordinance. A permanent record of all certificates of occupancy issued by the town shall be kept on file in the office of the town secretary, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or structures affected.
(2)
Certificate to establish use.
No vacant land or building shall be occupied or used by any person, except for agricultural purposes, until a certificate of occupancy has been issued in accordance with this section.
(3)
Issuance.
A person desiring a certificate of occupancy shall apply for it at the time that an application for a building permit is made, and the certificate of occupancy shall be issued within ten (10) days after the construction, erection or alteration of the building or structure made the subject of the building permit has been completed in conformity with the applicable ordinances of the town.
(4)
Final as-built grading surveys.
A final as-built grading and drainage survey must be provided for the town engineer’s review prior to final inspection approval on all new construction (i.e., residences, additions, accessory structures or commercial structures in excess of 1,500 square feet, swimming pools or other features that may affect the town’s drainage). The grading and drainage survey must be prepared by a state-licensed surveyor or professional engineer and must include site elevations, finish-floor elevations, site features (i.e., trees, sod, A/C units, accessory buildings, etc.), drainage arrows, building footprint(s) and fence locations. The survey must also include a written statement by a licensed surveyor certifying that the final grading of the individual site conforms to the engineered drainage and grading plans approved by the town engineer for the particular lot/subdivision, or the approved preliminary grading plan. The building inspection department will not issue an approval of the project until this survey and corresponding certification have been received and approved by the town engineer or his designee.
(5)
Final potable water and fire suppression inspection.
A person desiring a certificate of occupancy shall provide final written approval from the appropriate water supplier, that adequate water is available for potable domestic drinking and fire suppression. This section, regarding fire suppression, is only applicable to new developments, creating more than four (4) lots.
(Ordinance 288-01 adopted 12/19/01; Ordinance 493-10 adopted 6/15/10; 2004 Code, sec. 3.114; Ordinance 596-15, sec. 2, adopted 12/15/15)