[Ord. No. 2135, Enacted, 10-1-1996]
1.
The
application, plans, specifications, computations and other data filed
by an applicant for a permit shall be reviewed by the Building Official.
Such plans may be reviewed by other City departments to verify compliance
with any other applicable laws. If the Building Official finds that
the work described in application for a permit and the plans, specifications
and other data filed therewith conform to the requirements of the
Building Code and other applicable laws and ordinances, and that the
fees have been paid, the Building Official shall issue a building
permit to the applicant.
2.
When
the Building Official issues the permit where plans are required,
the Building Official shall endorse in writing or stamp the plans
and specifications APPROVED. Such approved plans and specifications
shall not be changed, modified and altered without authorizations
from the Building Official, and all work regulated by the Building
Code be done in accordance with the approved plans.
3.
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 the Building Code. The
holder of a partial permit shall proceed without assurance that the
permit for the entire building or structure will be granted.
[Ord. No. 2135, Enacted, 10-1-1996]
One set of approved plans, specifications and computations shall
be retained by the Building Official for a period of not less than
90 days from date of completion of the work covered therein; and one
set of approved plans and specifications shall be returned to the
applicant, and said set shall be kept on the site of the building
or work at all times during which the work authorized thereby is in
progress.
[Ord. No. 2135, Enacted, 10-1-1996]
1.
The
issuance or granting of a permit or approval of plans, specifications
and computations shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions of the Building
Code or of any other ordinance of the jurisdiction or any other federal,
state, or local law, statute, rule, regulation, or ordinance.
2.
The
issuance of a permit based on plans, specifications and other data
shall not prevent the Building Official from thereafter requiring
the correction of errors in said plans, specifications and other data,
or from preventing building operations being carried on thereunder
when in violation of the Building Code or of any other ordinances
of this jurisdiction.
[Ord. No. 2135, Enacted, 10-1-1996]
Applications for which no permit is issued within 180 days following
the date of the application shall expire, and plans and other data
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 by the applicant for a period not exceeding 180
days on request by the applicant showing that circumstances beyond
the control of the applicant have prevented action from being taken.
No application shall be extended more than once. In order to renew
action on an application after expiration, the applicant shall resubmit
plans and pay a new plan review fee.
[Ord. No. 2135, Enacted, 10-1-1996; Ord. No. 2316, Amended, 3-5-2002]
1.
Time
Limit to Begin Construction: Every permit issued by the Building Official
shall expire and become null and void if the building or work authorized
by such permit is not commenced within 180 days from the date of such
permit, or if the building or work authorized by such permit is suspended
or abandoned at any time after the work is commenced for a period
of 180 days. The work shall not be considered suspended or abandoned
where the permittee has pursued activities deemed by the Building
Official to indicate the intent to start and complete the project.
The Building Official may require the permittee to document these
activities.
2.
Time
Limit to Complete Construction: Every permit issued by the Building
Official shall expire, and become null and void 24 months after the
date of permit issuance. If the building or work authorized by such
permit has not received final inspection approval prior to the permit
expiration date, all work shall stop until a new permit is obtained
for the value of the work remaining unfinished.
3.
Extension:
Any permittee holding an unexpired permit may apply for an extension
of the time within which work is to be completed under that permit
when the permittee is unable to complete work within the time required
by this section for good and satisfactory reasons. The Building Official
may extend the time for action by the permittee for a period not exceeding
180 days on written request by the permittee showing that circumstances
beyond the control of the permittee have prevented work from being
completed. No permit shall be extended more than once.
4.
Exceptions:
a.
At
the time of permit issuance the Building Official may approve a period
exceeding 24 months for completion of work when the permittee can
demonstrate that the complexity or size of the project makes completing
the project within 24 months unreasonable.
b.
The
time periods to commence or complete construction shall be tolled:
ii.
The final land use decision is appealed to the Land Use Board of
Appeals and/or the appellate courts;
iii.
The applicant elects in writing not to proceed with construction
pending final decision on the land use decision; and
iv.
The applicant agrees in writing that the Building Official may require
a modification of the approved permit at the time of construction
to comply with any modifications to the Building Code that are enacted
during the pendency of the land use appeal.
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The time periods shall resume following final resolution of
the appeal.
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5.
Reinstatement:
Where a permit has expired, the permit can be reinstated and the work
authorized by the original permit can be recommenced, provided the
following are met:
a.
The
Building Code under which the original permit was issued and other
laws which are enforced by the code enforcement agency have not been
amended in any manner which affects the work authorized by the original
permit.
b.
No
changes have been made or will be made in the original plans and specifications
for such work.
c.
The
original permit expired less than six months from the request to reinstate.
The fee for a reinstated permit shall be one-half the amount
required for a new permit. Where the request for reinstatement does
not comply with the preceding criteria, a new permit, at full permit
fees, shall be required.
[Ord. No. 2135, Enacted, 10-1-1996]
1.
Whenever
any work for which a permit is required by the Building Code has been
commenced without first obtaining the permit, a special investigation
shall be made before a permit may be issued for such work.
2.
An
investigation fee, in addition to the permit fee, may be collected
whether or not a permit is then or subsequently issued. The payment
of such investigation fee shall not exempt any person from compliance
with all other provisions of the Building Code nor from any penalty
prescribed by law.
[Ord. No. 2135, Enacted, 10-1-1996]
A permit issued to one person or firm is not transferable and
shall not permit any other person or firm to perform any work thereunder.
[Ord. No. 2135, Enacted, 10-1-1996]
The Building Official may, in writing, suspend or revoke a permit
issued under the provisions of the Building Code whenever the permit
is issued in error on the basis of incorrect information supplied,
or if its issuance (or activity thereunder) is in violation of any
ordinance or regulation of any other provisions of the City code.
[Ord. No. 2135, Enacted, 10-1-1996; Ord. No. 2890, Amended, 3-17-2022]
1.
It
shall be the duty of the permit holder or authorized agent to request
all inspections that may be necessary or otherwise required in a timely
manner, provide access to the site, and to provide all equipment as
may be deemed necessary or appropriate by the Building Official. The
permit holder shall not proceed with construction activity until authorized
to do so by the Building Official. It shall be the duty of the permit
holder to cause the work to remain accessible and exposed for inspection
purposes. Any expense incurred by the permit holder to remove or replace
any material required for proper inspection shall be the responsibility
of the permit holder or agent.
2.
Work
requiring a permit shall not be commenced until the permit holder
or an agent of the permit holder has posted or otherwise made available
an inspection record card that allows the Building Official to conveniently
make the required entries thereon regarding inspection of the work.
This card shall be maintained available by the permit holder until
final approval has been granted by the Building Official.
