(a) 
Any person intending to erect or reconstruct dwellings, commercial or industrial buildings of any description within any portions of the city; and any person intending to make any substantial change to a commercial or industrial building; and any person intending to change a building used as a dwelling into a commercial, industrial or other usage building shall apply in writing for a permit to do so. A form for such application shall be specified and approved by the building inspector. Upon completion of the form by the applicant and approval being granted by the fire marshal, the commissioner of public works, the administrative officer and the chief of police, where such approval is necessary, the building inspector shall approve or deny such application. Each application shall include a cost estimate of such building exclusive of land, and such other information as the building inspector may require.
(b) 
Any person intending to construct swimming pools within the City of Rutland, shall apply in writing for a permit to do so, on forms to be specified and provided by the building inspector. Said application shall include provisions for adequate fencing at least four feet in height on and around perimeter of said swimming pool. Upon completion by the applicant and approval by the fire marshal, commissioner of public works, administrative officer and chief of police, where such approval is necessary, the building inspector shall have the authority to approve all properly executed applications.
(c) 
No person shall do any act for carrying such intentions into execution, until such permit of the building inspector has been obtained.
(d) 
The application shall be accompanied by suitable plans and specifications as determined by the building inspector.
(e) 
Any person owning an in-ground swimming pool or above-ground swimming pool with open access as of May 19, 1980, shall make application for a permit approving existing fencing if it meets the requirements of this section or to construct adequate fencing for the swimming pool in accordance with this section, to be in place May 19, 1981.
A permit under which no work is commenced within six months after issuance shall expire by limitation and a new permit shall be secured before work is started.
The board of aldermen shall, by regulation, set and adjust fees for permits under this chapter.
(a) 
All buildings erected, reconstructed or materially changed shall be so erected, reconstructed or materially changed in accordance with the provisions of the fire protection and building code in effect at the time of such erection, reconstruction or material change, which code has been adopted by the State of Vermont pursuant to 21 V.S.A. § 252 and 262. Such code shall be enforced pursuant to all applicable state statutes and city ordinances and shall be the code for the City of Rutland.
(b) 
Building permits for buildings located within the redevelopment area as established by the Rutland redevelopment authority additionally must obtain a ruling issued by the architectural review committee as established by the Rutland downtown redevelopment plan and as provided in Chapter 4 of this ordinance. Failure to obtain the required permit from the architectural review committee will prohibit issuance of the building permit.
Any person may, and the building inspector shall, make complaint to the grand juror whenever any building is being, or is about to be constructed, erected, reconstructed or materially changed in violation of the provisions of this chapter.
(a) 
When the building inspector shall determine whether contemplated construction, renovation, or improvements of a public building necessitate access or use by handicapped individuals. If the building inspector makes such affirmative determination, he/she shall consult with the 504 and ADA commission on accessibility improvements in Rutland ("CAIR") established herein whereat the CAIR shall make affirmative findings pertaining to proposed construction, renovation, or improvements for the purpose of promoting a barrier-free environment and reporting back to the building inspector said findings. The building inspector shall include said findings with the building permit.
(b) 
CAIR referred to herein shall be the commission for accessibility improvements in Rutland and shall be appointed by the mayor and approved by the Board of Aldermen and shall be composed of a minimum of two members representing the Rutland area community and up to seven members at large whose term shall be two years. Meetings of said commission shall be convened as above.
(c) 
All construction, renovation or improvement must meet current Americans with Disabilities Act accessibility guidelines as codified in 28 CFR Part 36 (hereinafter ADA) as amended from time to time.
(d) 
Architectural barriers. Plans received for the construction of a public building must comply with the architectural barrier statute found at Title 21 V.S.A. Chapter 4 and with the rules and regulations as adopted pursuant to Title 3 V.S.A. Chapter 25. Passageways, corridors and other pedestrian walkways hereafter constructed or reconstructed to serve as a principal means of public access between buildings shall be also made barrier free in conformance with these standards.
(a) 
New construction.
10% of all new residential units in residential subdivisions or residential rental, condominium or cooperative developments shall comply with the required accessibility standards in this ordinance. If a development contains four to 14 units, one unit must be accessible; if it contains 15 to 24 units, two units must be accessible. If the development contains three or fewer units, it is exempt from this requirement.
In addition, all new residential construction contained rental apartments, condominiums or cooperatives shall have the principal outside entrance to common areas as well as common passageways and other common areas be accessible as required by this ordinance. If such developments contain less than three stories, they shall be exempt from any requirements related to the installation of elevators.
(b) 
Altered residential construction.
(1) 
Except as set forth in subsection (b)(2) below, if existing residential rental, condominium or cooperative developments containing four or more units are altered, 10% of the units must comply with the accessibility standards in this ordinance. If the building or development contains four to 14 units, one unit must comply; if the building or development contains 15 to 24 units, two units must comply. In addition, one outside entrance to common areas and common areas and passageways in the building must be accessible as required by the ordinance; however, if the building or buildings is/are less than three stories, the common areas and passageways above the first floor do not have to meet the standards of the ordinance.
(2) 
The following are exempt from the provisions of this section:
[a] 
Alterations of a building or unit which do not exceed in cost of 40% of the fair market value of the building or unit. For purposes of this section, "fair market value" means the appraisal value of the building or unit as determined for the purposes of property taxation. If the appraisal value of the building or the unit has not been determined by the assessors, "fair market value" means the estimated fair market value as that term is described in 32 V.S.A. § 3481(1).
[b] 
Alterations to an owner-occupied condominium, cooperative or single family dwelling unit, or to the owner-occupied portion of a public building.
(3) 
Passageways, corridors and other pedestrian walkways hereafter constructed are reconstructed on site to serve as means of public access to, into or between public buildings and facilities, whether exterior or interior shall also be made barrier-free in conformance with these standards.
(a) 
Any person complaining about access or discrimination must submit to the building inspector in writing a complaint for resolution. A record of the complaints and action taken shall be maintained by the building inspector. The building inspector shall render his/her decision within 10 working days.
(b) 
Any interested person not satisfied with the building inspector's decision shall bring appeal to the CAIR within seven working days. A notice of appeal must be made in writing, filed with the building inspector who shall forward said appeal along with any official records and decision to CAIR within three working days of receipt of the notice of appeal.
(c) 
CAIR shall establish procedural rules and regulations for hearing complaints, requests, or suggestions from disabled persons regarding access to and participating in public facilities, services, activities, and functions in the City of Rutland. Further, CAIR shall hear such appeals in public, after adequate public notice. CAIR shall make a written decision within 30 days from the close of hearing and taking of evidence.
(d) 
Any person aggrieved by a decision of CAIR shall have a right to appeal pursuant to Vermont State Law pursuant to VRCP 74.
(a) 
If the owner or occupant of any building in the city shall refuse to allow the building inspector to examine his premises with reference to the condition or safety of the buildings as provided within the scope of this title or any other ordinance, such person or persons shall pay a civil penalty of not less than $50 nor more than $500 for each offense. Each day such offense continues shall be considered a separate offense for payment of penalty.
(b) 
If any person shall neglect or refuse to obey any written order or rule of the building inspector with respect to any matter or thing within the scope of this title or any other ordinance, such person shall pay a civil penalty of not less than $50 nor more than $500 for each offense. Each day upon which the offense continues shall be considered a separate offense for payment of penalty.
(c) 
Any person, firm or corporation found guilty of violation of this chapter shall pay a civil penalty not less than $50 nor more than $500 for each offense. Each day upon which the offense continues shall be considered a separate offense for payment of penalty.