(a) 
Registration required.
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building, sign or structure in the town, or cause the same to be done, unless such person, firm or corporation is the holder of a valid contractor registration with the town to perform such work. Such person, firm or corporation shall be herein termed registrant. In extending the rights and privileges of such registration, the town makes no statement of the technical competency of those so registered, and no manner of license is proffered.
(b) 
Required information.
(1) 
An applicant for registration under this article shall provide to the building official the following information:
(A) 
The complete name, complete mailing address and telephone number of the firm or corporation;
(B) 
The name and private mailing address of a principal of the firm or corporation who is a person authorized to bind the firm or corporation in legal agreements;
(C) 
If the registration is to be as an individual only, the name, mailing address and telephone number of the individual; and
(D) 
Other pertinent information deemed necessary by the building official.
(2) 
Every registrant shall contact the office of the building official to ensure the accurate revision of registration information, including any change of address or telephone number, within ten (10) days from the date that the previous information supplied inthe application becomes invalid for any reason. Failure to revise inaccurate information, or providing false, misleading or inaccurate information when applying for registration, shall constitute an offense.
(3) 
Every registrant doing work in any town rights-of-way shall carry contractor’s public liability insurance with a combined single limit of not less than one million and no/100 dollars ($1,000,000.00) per occurrence, with an aggregate of not less than one million and no/100 dollars ($1,000,000.00). The registrant shall make the town a certificate holder and present proof of insurance at the time of registration and all subsequent renewals.
(4) 
Notice of policy cancellations or failure to renew coverage shall be cause for revocation of registration, denial of inspections or cancellation of permits.
(c) 
Building official shall respond.
After application for registration has been received, the building official shall act promptly to issue the registration or to determine upon what basis the registration may not be issued. The building official shall respond to the applicant not later than two (2) weeks following receipt of the application.
(d) 
Expiration and renewal of registration.
Expired registrations shall be routinely reactivated by payment of a renewal fee if the application information remains accurate. Fees for initially establishing registration and for renewal of registration shall be set in accordance with appendix A of this code. A registration may be renewed without penalty at any time from sixty (60) days preceding the date of expiration through ninety (90) days following the date of expiration. A registration not renewed for ninety (90) days beyond the date of expiration shall require resubmittal of registration information and payment of a fee as for an initial registration.
(e) 
Transfer of registration prohibited.
(1) 
No registrant under this article shall for any purpose allow the registration, by name or other identification, to be transferred or assigned to, or in any manner directly or indirectly used by, any person, firm or corporation other than the one to whom the registration was issued.
(2) 
Company representatives other than the registered principal shall be required to have a notarized statement from the principal in order to transact business.
(f) 
Registration suspended.
(1) 
The board of adjustments shall have the authority to suspend any registration issued under this article for any of the following acts by the registrant:
(A) 
Forfeiting an appeal of a stop order issued under I.B.C., section 115 or I.R.C., section 114, by continued work after the issuance of said stop order;
(B) 
Forfeiting an appeal of this building code by initiating work in violation of the board’s decision or prior to the board’s decision;
(C) 
Causing or permitting the unauthorized or prohibited transfer or assignment of a valid registration, or providing false, misleading or inaccurate information when applying for registration; or
(D) 
Being convicted in municipal court of two (2) violations of any of the provisions of this building code committed within a period of twelve (12) consecutive months provided, however, that remedy of the violation within twenty (20) days of a stop order shall cause the waiver of any conviction for the original violation for the purpose of this subsection.
(2) 
Such suspension of registration shall be for a time not to exceed six (6) months. After expiration of such period of time as the board shall have designated, and after payment of any outstanding fines and the routine renewal fee if it has become due in the interim, the suspended registration shall again become valid and effective for the balance of its time until expiration or a subsequent suspension or revocation.
(g) 
Registration revoked.
(1) 
The board of adjustments shall have the authority to revoke any registration issued under this article for:
(A) 
Conviction of the practice of any fraud or deceit in securing a registration or a permit, or of a violation of subsection (e) above;
(B) 
Convictions in municipal court of three (3) violations of any of the provisions of this building code committed within a period of twelve (12) consecutive months: provided, however, that remedy of the violation within twenty (20) days of a stop order shall cause the waiver of any conviction for the original violation for the purpose of this subsection;
(C) 
Accumulation of two (2) decisions of the board to suspend registration; or
(D) 
Accumulation within a period of twelve (12) months of two (2) forfeitures of appeals of stop orders issued under I.B.C., section 115 or I.R.C., section 114, by continued work after the issuance of said stop orders.
(2) 
Such revocation of registration by the board shall be full and final cancellation of such registration and shall be effective on the date of the board’s decision.
(3) 
No registrant whose registration is revoked by the board shall be allowed in the future to be registered again in the town under this article.
(h) 
Suspension or revocation hearing.
In considering charges under this article regarding suspension or revocation of a registration, the board of adjustments shall proceed upon sworn information furnished it by any person. Such information shall be in writing and shall be duly verified by the person familiar with the allegations made. The board shall make an order setting the matter for hearing at a specified time and place, and the secretary of the board shall cause a copy of the board’s order and of the sworn information to be served upon the registrant by registered mail at least fifteen (15) days before the date set for the hearing. The registrant may appear in person or by counsel at the time and place named in the order and present a defense to the board. The city attorney for the town shall provide counsel for the board. If the registrant fails or refuses to appear, the board may proceed to hear and determine the charge in the registrant’s absence. If the registrant pleads guilty or if, upon a hearing, the board finds any of the charges to be true, it may enter an order suspending or revoking the certificate of registration. Failure to properly perfect an appeal in a court of competent jurisdiction within ten (10) days of receipt of the board’s decision shall render the board’s decision final. Suspension or revocation of a registration resulting from a decision of the board shall preclude the registrant from securing a permit for work controlled by that registration in the town or from becoming so registered under any different identification as long as the suspension or revocation is in effect.
(i) 
Exemption for owner.
A homeowner’s registration shall be required for work to be performed on an existing structure when the person performing the work is the owner of the structure who resides therein as his homestead, and is not assisted by any other person for remuneration. The homeowner shall be termed a registrant for the purposes of such a project after proper registration. All requirements for permits for the work and all other applicable provisions of this building code shall remain in force.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
It shall be unlawful for any registrant to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building, sign or structure in the town, or do the same to the pavement of properties other than 1- and 2-family dwellings, or to excavate, grade, or fill property, or cause the same to be done, without first obtaining a separate building permit for such work from the building official.
(b) 
For other than 1- and 2-family dwellings, approval of a commercial site plan is required prior to filing the application for a building permit. Two copies of the approved commercial site plan shall be submitted with each application for a building permit for the following work categories:
(1) 
The construction of a new building;
(2) 
The construction of an addition to a new building;
(3) 
The construction of new parking facilities or the addition of parking facilities to an existing site;
(4) 
The grading, excavation or filling of a parcel.
(c) 
A commercial site plan shall demonstrate compliance with the applicable zoning, environmental, fire and engineering regulations specific to the proposed project.
(d) 
A permit shall be issued only to a registrant meeting the conditions of section 3.03.001 above, and only after all other requirements defined in this article have been accomplished.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
To obtain approval for a commercial site plan, the applicant shall first file an application with the building official in writing on a form furnished for that purpose by said building official. Every such application shall:
(1) 
Identify and describe the proposed development;
(2) 
Describe the land on which the proposed work is to be done by lot, block, tract and building and street address, or similar description that will readily identify and definitely locate the proposed building or work;
(3) 
Be accompanied by plans and specifications as required to demonstrate compliance with the zoning, environmental, engineering and fire regulations applicable to the project location;
(4) 
Be signed by the applicant or an authorized agent, who may be required to submit evidence to indicate such authority; and
(5) 
Give such other pertinent information as is deemed necessary by the building official.
(b) 
Accepted plans and specifications shall not be changed, modified or altered without written authorization from the building official, and all work shall be done in accordance with the approved plans.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
To obtain a permit, the applicant shall first file an application with the building official in writing on a form furnished for that purpose by said building official. Every such application shall:
(1) 
Identify and describe the work to be covered by the permit for which application is made;
(2) 
Describe the land on which the proposed work is to be done, by lot, block, tract, and building and street address, or similar description that will readily identify and definitely locate the proposed building or work;
(3) 
Indicate the use or occupancy for which the proposed work is intended;
(4) 
Be accompanied by plans and specifications as required in section 3.03.005 of this article below;
(5) 
State the valuation of the proposed work;
(6) 
Be signed by the applicant (registrant) or an authorized agent, who may be required to submit evidence to indicate such authority;
(7) 
Give such other pertinent information as is deemed necessary by the building official.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
(1) 
With each application for a building permit and when required by the building official for enforcement of any provisions of this building code, three (3) or more sets of plans and specifications shall be submitted.
(2) 
The building official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law. The engineers’ or architects’ professional seal shall be affixed to the documents.
(3) 
The building official may waive the submission of plans, calculations, construction, inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with the code.
(b) 
Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this building code and all other relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the building and street address where the work is to be performed and the name and address of the owner and person who prepared said plans. Plans shall include a plot plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the building official may approve references on the plans to a specific section or part of this building code or other ordinances or laws.
(c) 
Computations, stress diagrams and other data sufficient to show the correctness of the plans shall be submitted when required by the building official.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
The application, plans and specifications filed by an applicant for a permit shall be reviewed by the building official. Such plans may also be reviewed by other departments of the town to check compliance with the laws and ordinances under their jurisdiction, including but not limited to review by the fire and public works departments.
If the building official finds that the work described in an application for permit and the plans filed therewith conform to the requirements of this building code and other pertinent laws and that the permit fee has been paid, a permit shall be issued.
(b) 
Accepted plans and specifications shall not be changed, modified or altered without written authorization from the building official, and all work shall be done in accordance with the plans. One (1) set of plans, specifications and computations shall be retained by the building official for a period of not less than ninety (90) days from the date of completion of the work covered therein.
(c) 
The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this building code. The holder of such permit shall proceed at personal risk without assurance that the permit for the entire building or structure will be granted.
(d) 
Upon issuance of a building permit, the building official will issue a building permit representing that a permit has been issued. The building permit shall contain the address and legal description of the location, the name of the general contractor and a description of the work. The building permit shall be posted on the job location at all times during the time the building permit is valid and may not be removed until such time that the building official issues a final approval. The building permit shall be posted in front of the building so that it is visible from the addressed street or fire lane at all times. Work may be ordered to stop when such building permit is not displayed in accordance with this section.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
Every commercial site plan approved by the building official under the provisions of this building code shall expire by limitation of time and become null and void if the owner, agent or authorized developer has not filed a valid application for a building permit within one hundred eighty (180) days from the date of approval of the commercial site plan. An expired commercial site plan must be reviewed as a new application before an application for a building permit may be submitted.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
The issuance or granting of a permit or acceptance of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this building code or any other applicable law. No permit presuming to give authority to violate or cancel the provisions of this building code shall be valid, except as the work or use, which it authorizes, is lawful.
(b) 
The issuance of a permit based upon plans and specifications shall not prevent the building official from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of this building code or of any other chapter of this code.
(c) 
In the event a court of competent jurisdiction determines that lawfully filed deed restrictions or lawfully filed real property restrictive covenants on single-family residential property within the town would be violated by the construction that is the subject of the permit, such court may restrain or enjoin the building official from issuing the building permit for a period not to exceed sixty (60) days.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
Every permit issued by the building official under the provisions of this building code shall expire by limitation of time and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned for a period of one hundred eighty (180) days at any time after the work is commenced. Before such work can be recommenced, a new permit shall be first obtained.
(b) 
Any permittee holding an unexpired permit may apply in writing for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days. The permittee shall pay a fee for the extension of an unexpired permit. No permit shall be extended more than once.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
The building official may, in writing, suspend or revoke a permit issued under provisions of this building code whenever the permit is issued in error or on the basis of incorrect information having been supplied, or in violation of any law, including any provision of this code. The building official may also deny building inspections or new permits to a contractor whose contractor registration with the town is not in active status.
(b) 
The building official may, in writing, revoke a permit for the construction of a 1- and 2- family dwelling issued under provisions of this building code whenever the completion of the project is delayed beyond a 24-month period if there has not been substantial progress made towards completion of the project.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
A fee for each permit required by this building code and any plan review fees shall be set by resolution of the town council and shall be paid to the building official prior to the issuance of such permit and review of any plans. The determination of value or valuation hereunder shall be made by said building official. The valuation to be used in computing the permit and plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent work or permanent equipment.
(b) 
Where work for which a permit is required by this building code is begun prior to obtaining said permit, the specified fees shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this building code in the execution of the work nor from any other penalties prescribed herein.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
When issuance of a permit depends on review and acceptance of drawings depicting the proposed work, a plan review fee shall be paid at the time of submitting the drawings for review. The plan review fee shall be nonrefundable. The building permit application shall not be received until the plan review fee is paid. The plan review fee shall be set from time to time by resolution of the town council.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
An application for which no building permit is issued within one hundred eighty (180) days following the date of application may be voided due to limitation of time, and plans submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action on the application due to circumstances beyond the control of the applicant which have prevented action from being taken. The application may be extended for an additional 180 days upon a request in writing submitted to the building official.
(b) 
The application may be extended upon approval by the building official and payment of the extension fee prior to the expiration of the building permit application. An expired application may only be reactivated by the filing of a new application, including plans and fees. An applicant’s written request for voluntary withdrawal of the application shall be deemed to be the same as an expiration of the application.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
An application for a commercial site plan that is not approved for permitting within one hundred eighty (180) days following the date of application may be voided due to limitation of time, and plans submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action on the application due to circumstances beyond the control of the applicant which have prevented action from being taken. The application may be extended for an additional 180 days upon a request in writing submitted to the building official. The application may be extended upon approval by the building official. An expired application may only be reactivated by the filing of a new application, including plans and any fees prior to the expiration of the commercial site plan. An applicant’s written request for voluntary withdrawal of the application shall be deemed to be the same as an expiration of the application.
(b) 
In cases where a building permit has expired due to limitations, a commercial site plan will expire 24 months from the date of commercial site plan approval if an application for another building permit is not filed.
(c) 
In cases where development is phased, a commercial site plan will expire 24 months from the date of commercial site plan approval if an application for a building permit is not filed for all of the undeveloped phases.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
There shall be no refund of any plans review fee. A building permit fee may be refunded only upon the following:
(1) 
When a permit has been issued and no part of the work has commenced, a refund of 50% may be authorized. The refund shall be reduced by any applicable service charges;
(2) 
When the permit has been issued through an error on the part of the town and it is found that the work applied for cannot be allowed, the refund shall be made in full;
(3) 
Service charges for refunds shall not exceed the original permit fees; and
(4) 
When the refund is requested within 90 days of payment.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
General.
(1) 
All construction or work for which a permit is required, including, but not limited to, framing, electrical, plumbing, mechanical, insulation, swimming pool, etc., shall be subject to inspection by the building official, and certain types of construction may have continuous inspection by special inspectors, when required.
(2) 
A survey of the lot may be required by the building official to verify compliance of the structure with approved plans. It shall be the duty of the permittee to cause the work to be accessible and exposed for inspection purposes.
(3) 
The owner of a property may, with authorization from the building official, choose to contract with a third-party provider that is properly registered with the town for inspections. A third-party provider shall not be authorized to grant a certificate of occupancy.
(b) 
Approvals required.
(1) 
No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without the permittee first obtaining the written approval of the building official. Such written approval shall be given only after an inspection has been made of each successive step in the construction as indicated by each of the required inspections. Failure by the permittee to contact the building official for any required inspection shall be an offense.
(2) 
There shall be a final inspection and approval on all buildings when completed and ready for occupancy before such occupancy is allowed to occur.
(c) 
Required inspections.
(1) 
The building official shall determine the inspections to be required for any project. No part of any building or structure shall not be covered or concealed without the permittee first obtaining the approval of the building official following an inspection. The building official, upon notification from the permit holder or an authorized agent, shall make the required inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or an authorized agent in what respects the same fails to comply with this building code.
(2) 
In the event a court of competent jurisdiction determines that lawfully filed deed restrictions or lawfully filed real property restrictive covenants on single-family residential property within the town would be violated by the construction that is the subject of the final inspection, such court may restrain or enjoin the building official from completing a final inspection for a period not to exceed sixty (60) days.
(3) 
For the purpose of determining compliance with I.B.C., section 3402, and I.R.C. appendix, chapter AJ104, the building official may cause any structure to be reinspected.
(d) 
Reinspections.
(1) 
A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which the inspection is called is not complete, when corrections called for are not made, or for failure to provide access on the date for which inspection is requested.
(2) 
This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this building code, but as controlling the practice of permittees calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees shall be paid in accordance with the fee schedule in appendix A of this code. In instances where reinspection fees have been assessed, additional inspection of the work may be denied until the required fees have been paid.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)
(a) 
Use of occupancy.
No premises, building or structure, except groups R-3, R-4 and U, shall be used or occupied until a certificate of occupancy has been issued as provided herein. A change in ownership or name change shall require the issuance of a new certificate of occupancy.
(b) 
Change in use.
Changes in the character of occupancy or use of a building shall not be made, except as specified in the International Existing Building Code or International Building Code, section 3405.
(c) 
Certificate issued.
(1) 
The building official shall issue a certificate of occupancy upon a finding that the premises complies with the building code, provisions of the “zoning” chapter of this code and all other applicable development regulations of the town. The building official and fire inspector shall make an inspection of the building or tenant space prior to issuance of a certificate of occupancy. Other town departments may require inspections prior to the granting of a certificate of occupancy. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
(2) 
The certificate of occupancy shall contain:
(A) 
The address of the building;
(B) 
The name, address and telephone number of the occupant of said premises, building or structure;
(C) 
The allowable use for which the certificate is issued;
(D) 
The zoning district in which the use is located; and
(E) 
Any conditions of the granting of the certificate.
(d) 
Temporary certificate.
A temporary certificate of occupancy may be issued by the building official for the use of a portion or portions of a building, structure, or site prior to the completion of the entire building, structure or site improvements but only if that portion or portions can be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.
(e) 
Posting.
The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed without permission of the building official.
(f) 
Revocation.
The building official may, in writing, suspend or revoke a certificate of occupancy or a temporary certificate of occupancy issued under the provisions of this code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any provision of this code. Upon suspension or revocation of a certificate of occupancy, the building official shall have the authority to disconnect, or to order the electricity supply agency to disconnect, all electric service to any premises affected by the revoked or suspended certificate of occupancy.
(g) 
Application required.
(1) 
Any person, firm or corporation desiring to initially occupy a building or tenant space, to change the tenancy of building or tenant space, change the name or ownership of a business, to expand a lease space, to clean and show a building or tenant space or to acquire a certificate of occupancy for a shell building must complete an application and submit to the building official for review along with the nonrefundable application fee as set forth in the fee schedule in appendix A of the this code. The application shall contain the following information:
(A) 
The address of the application;
(B) 
The proposed business name of the occupant and/or tenant;
(C) 
The proposed use of the building or tenant space;
(D) 
The gross floor area of the proposed use;
(E) 
The individual’s name of the principal or owner of the proposed use of the building or lease space, or the name of a presiding officer of a firm, corporation, partnership or other business entity of the proposed use of the building or lease space;
(F) 
The private mailing address of the principal or owner;
(G) 
The state driver’s license number or other government issued picture identification of the principal or owner;
(H) 
Proof of a state limited sales and use tax certificate with a valid town business location for proposed businesses that will collect a sales and/or use tax; and
(I) 
Other information as determined necessary for the building official to determine that the proposed use satisfies all the development regulations of the town.
(2) 
The application shall be submitted and signed by the principal, owner or designated agent of the principal or owner and the designated agent’s state driver’s license number or other government issued picture identification certifying that the applicant is an authorized agent so empowered to make the application on behalf of the principal or owner and agrees to be subject to the same rules of review and approval as the principal or owner.
(h) 
Annual fire inspection.
For each year of occupancy, each occupancy requiring a certificate of occupancy shall be subject to reinspection by the fire department, subject to the fee schedule set out in appendix A. The fees shall be assessed on January 1st of each calendar year.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12; Ordinance 20-859 adopted 8/10/20)
Registrants under this building code shall indemnify, waive all claims, release defend and hold harmless the town and all of its officials, officers, agents, employees and invitees, in both their public and private capacities, from any and all liability, claims, suits, demands or causes of action, including all expenses of litigation and/or settlement which arise from or result from the issuance and exercise of a permit issued hereunder pursuant to an application from a registrant, whether such claims and/or damages arise by reason of injury or death of any person, or for loss of, damage to or loss of use of any property. Such indemnity will apply whether the claims, suits, losses, damages, causes of action or liability arise in part from the negligence of the town or any of its officers, officials, agents, employees and invitees in both their public and private capacities whether such negligence is contractual comparative negligence, concurrent negligence, joint negligence, gross negligence, active negligence, passive negligence or any other form of negligence.
(Ordinance 12-677, sec. 1(E), adopted 3/12/12)