[HISTORY: Adopted by the Town Council of the Town of Middletown 3-9-1972 (Ch. 4 of the 1972 Code). Amendments noted where applicable.]
[Amended 11-9-2000; 3-10-2008]
The Mayor may appoint a Code Official at any time that he may deem it advisable. The Code Official shall be compensated as set forth by Council. His duties shall be prescribed from time to time by the Town Council.
[Amended 10-8-2007; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
No wall, structure, building or part thereof shall hereafter be built, enlarged or altered in the Town until a plan of the proposed work, together with a statement of the materials to be used, shall have been submitted in duplicate copies in writing to Frederick County Building Inspections Department, which shall, if in accordance with the provisions contained in this chapter, issue a permit for the proposed construction.
B. 
Structures hereafter erected without a permit and not in conformity with this chapter shall be removed.
[Amended 3-10-2008; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The County Building Inspector shall, as often as practical, inspect all buildings or structures during construction for which a permit has been issued to see that the provisions of law are complied with and the construction is prosecuted safely.
B. 
Whenever, in his opinion, by reason of defective work or work in violation of the provisions of this chapter, the continuance of a building operation is contrary to public welfare, he may order all further work to be stopped and may require suspension of work until the condition in violation has been remedied.
[Amended 10-7-1977; 9-14-1978; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Report of Public Works Committee to Town Council; report of Town Council to County Building Inspector. The Public Works Committee established by the Town Council shall report to the Council, and that body will advise the County Building Inspector in writing, on Town stationery, duly signed by the Mayor, of any building or other structure which might endanger public health, all remnants of fires, abandoned buildings, etc., giving to the Building Inspector all pertinent information as to date of fire, abandonment, location of structure, etc.
B. 
Removal or repair generally. All buildings or structures that are or shall become unsafe, unsanitary or deficient in adequate exitway facilities, which constitute a fire hazard or are otherwise dangerous to human life or the public welfare or which, by reason of illegal or improper use, occupancy or maintenance, shall be deemed unsafe buildings or structures shall be taken down and removed or made safe and secure, as the Code Official may deem necessary and as provided in this section. A vacant building, unguarded or open at the door or window, shall be deemed a fire hazard and unsafe within the meaning of this section.
C. 
Examination by Code Official; record. The Code Official shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard, and he shall cause the report to be filed in a docket of unsafe structures and premises, stating the use of the structure and the nature and estimated amount of damages, if any, caused by collapse or failure.
D. 
Notice to owner, etc. If an unsafe condition is found in a building or structure, the Code Official shall serve on the owner, agent or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structure safe and secure, or requiring the unsafe building or structure, or portion thereof, to be demolished within a stipulated time. Such notice shall require the person thus notified to immediately declare to the Code Official his acceptance or rejection of the terms of the order.
E. 
Restoration. A building or structure condemned by the Code Official may be restored to a safe condition, provided change of use or occupancy is not contemplated or compelled by reason of such reconstruction or restoration, except that if the damage or cost of reconstruction or restoration is in excess of 50% of its replacement value, exclusive of foundations, such structure shall be made to comply in all respects with the requirements for materials and methods of construction of structures hereafter erected.
F. 
Service of notice. If the person addressed with an unsafe notice cannot be found within the Town after diligent search, such notice shall be sent by registered or certified mail to the last known address of such person, and a copy of the unsafe notice shall be posted in a conspicuous place on the premises. Such procedure shall be deemed the equivalent of personal notice.
G. 
Disregard of notice. Upon refusal or neglect of the person served with an unsafe notice to comply with the requirements of the order to abate the unsafe condition, the legal counsel of the jurisdiction shall be advised of all the facts, and he shall institute the appropriate action to compel compliance.
H. 
Reasonable notice. Reasonable notice and the reasonable time in which a property owner shall act pursuant to this section are no less than 30 days.
I. 
Action by Town upon failure of property owner to act. If the property owner shall fail to remove, repair or secure the building or other structure within the time period designated by the Code Official, the Town, through its own agent or employee, shall remove, repair or secure the building or structure after advertising for bids for such removal, repair or securing of such building or structure, once each week for two successive weeks in a newspaper of general circulation in the area where such building or structure is located.
J. 
Costs and expenses. The Town may remove or repair any building or structure after complying with the notice provisions of this section and advertising for bids as stated, and the costs and expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the Town as taxes or levies are collected. An itemized account of such costs and expenses shall be sent to the property owner with notice that these costs and expenses, if not paid, shall constitute a lien on such property.
K. 
Lien on real property. Every cost, charge and expense authorized by this section, with which the owner of any such property shall have been assessed and which remains unpaid for a period of 30 days after notice thereof, shall constitute a lien against such real property.
L. 
Authority for enactment. This section is enacted pursuant to the authority granted to the Town by Code of Virginia § 36-105.
[Amended 12-8-1977; 1-11-1990; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
As a prerequisite to the obtaining and approval of a building permit, the applicant shall satisfy the County Building Inspector and the Zoning Administrator that a state highway entrance permit has been applied for.
[Amended 11-9-2000]
As a condition for issuance of a building permit involving removal or demolition of any structure, the Town of Middletown must receive written certification from a licensed/bonded exterminator that the property is free and clear of all pests and the removal of all waste must be completed within 45 days from the date of issuance of the building permit.
[Amended 3-10-2008; 4-11-2011]
A. 
Building residential fee schedule.
(1) 
One- and two-family dwellings, townhouses and apartments (this includes all attached garages, carports, decks, porches, storage units, chimneys, fireplaces, wood stoves, indoor swimming pools/whirlpools and retaining walls for all new one- and two-family dwellings, townhouses and apartments): $0.40 per square foot (includes all permits, plumbing, electrical and mechanical).
(a) 
Finished basements: $0.40 per square foot (includes all permits, plumbing, electrical and mechanical).
(b) 
Unfinished basements: $0.07 per square foot.
(2) 
Additions and remodeling: $0.40 per square foot (includes all permits, plumbing, electrical and mechanical). Minimum charge up to 200 square feet: $100; 200 to 600 square feet: $200.
(3) 
Industrialized buildings with third-party inspection seal (modulars).
(a) 
Finished basements: $0.25 per square foot (includes all permits, plumbing, electrical and mechanical).
(b) 
Unfinished basements: $0.07 per square foot.
(4) 
Footing/foundation: $30.
(5) 
Accessory buildings, pole buildings, garages, carports and shelters (detached or additions to detached accessory buildings, pole buildings, garages, carports and shelters).
(a) 
150 square feet to 600 square feet: $75.
(b) 
600 square feet and over: $75 plus $0.05 per each square foot over 600.
(6) 
Demolition: $35.
(7) 
Swimming pools (outdoor).
(a) 
In-ground: $100.
(b) 
Aboveground: $30.
(8) 
Decks and porches (not associated with new homes): $50.
(9) 
Wall reshingling and residing (not permitted unless requested): $30.
(10) 
Reroofing: $35.
(11) 
Masonry fireplaces, chimney:
(a) 
Not associated with new homes: $50.
(b) 
With additional flue liner within (not associated with new homes): $25.
(12) 
Wood stoves:
(a) 
With metal chimneys (not associated with new homes): $45.
(b) 
Not associated with new homes: $35.
(13) 
Retaining walls (not associated with new homes): $50.
(14) 
Temporary occupancy: $35.
B. 
Commercial fee schedule.
(1) 
Churches and schools: $0.08 per square foot.
(2) 
Restaurants, motels, hotels, canopies and commercial/industrial: $0.15 per square foot.
(3) 
Warehouses.
(a) 
Up to 250,000 square feet: $0.15 per square foot.
(b) 
Over 250,000 square feet: $0.10 per square foot.
(4) 
Demolition (structural or removal of tanks, regardless of how many): $40.
(5) 
Swimming pools: $100.
(6) 
Remodeling/additions/accessory buildings: $0.15 per square foot (minimum fee $75).
(7) 
Reshingling and residing: $45.
(8) 
Reroofing: $45.
(9) 
Retaining walls: $50.
(10) 
Pre-engineered metal buildings.
(a) 
Foundation/shell/remodeling: $0.15 per square foot.
(b) 
Foundation and shell only (without c.o.): $0.08 per square foot.
(c) 
Remodeling only (areas without c.o.): $0.08 per square foot.
(11) 
Tents.
(a) 
900 square feet and under: no permit required.
(b) 
Over 900 square feet: $75.
(12) 
Radio towers and like structures (50 feet in height or less): $50.
(a) 
Radio towers and water tanks above 50 feet in height or 50 feet in diameter: $250.
(b) 
Each antenna connected to existing (regardless of height): $50.
(13) 
Carnivals (amusement rides) (minimum cost per ride Virginia Uniform Statewide Building Code) maximum: $75.
(14) 
Aboveground/in-ground tanks (over 500 gallons):
(a) 
First tank: $35.
(b) 
Each additional tank: $20.
(c) 
Tanks 500 gallons or less require a mechanical permit for gas piping only.
(15) 
Temporary occupancy: $60.
C. 
Miscellaneous.
(1) 
Renewal of permit. First year: no charge.
(2) 
Reinspection fees: $50.
(3) 
Signs: $30.
(4) 
Engineered signs: $60.
(5) 
Minimum fees (unless stated otherwise): $30.
(6) 
Issuing certificate of occupancy for existing buildings under Uniform Statewide Building Code, Part III, Maintenance of (Existing Structures Code):
(a) 
Residential: $50.
(b) 
Commercial: $100.
(7) 
Change of use: $50.
(8) 
Re-review of plans and stamping of additional plan: $25.
(9) 
Inspection of work started prior to permit issuance: $50.
(10) 
Annual elevator inspection fee per elevator: $30.
2% state surcharge: 2% surcharge is charged on permits only. There is no surcharge for reinspection fees, temporaries, renewal of permits or special inspections.
D. 
Residential/electrical.
(1) 
Base fee for electrical permit (includes one to five fixtures): $35.
(2) 
Single-family dwelling, townhouses and apartments, detached structures . Note: Includes low voltage for telephones.
(a) 
Not over 100 amp service: $40.
(b) 
Not over 200 amp service: $55.
(c) 
Not over 400 amp service: $60.
(d) 
Not over 600 amp service: $85.
(e) 
Apartments, each: $35.
(f) 
Construction services: $20.
(3) 
Reconnection fee and upgrading service.
(a) 
Not over 100 amps: $15.
(b) 
Over 100 amps to 225 amps: $20.
(c) 
Over 225 amps to 400 amps: $25.
(d) 
Over 400 amps to 1,000 amps: $35.
E. 
Minor alterations and additions.
(1) 
Dwelling.
(a) 
One to 25 outlets (includes appliance and/or appliance outlets): $35.
(b) 
Each additional 25 outlets or appliances: $10.
F. 
Commercial/industrial.
(1) 
Base fee for electrical permit: $35.
(2) 
Rough wiring: all switches, lighting, and receptacles to be counted as outlets:
(a) 
One to five outlets: $25.
(b) 
One to 50 outlets/fixtures: $85.
(c) 
Each additional 10 fixtures: $30.
(3) 
Heating, cooking equipment and similar appliance.
(a) 
One to five outlets/fixtures: $35.
(b) 
Each additional five units or outlets: $35.
(4) 
Single unit group not exceeding five motors: $35.
(a) 
Each additional: $15.
(b) 
Service meter equipment and feeders up to 600 volts:
[1] 
Not over 225 amps: $35.
[2] 
Over 225 amps to 400 amps: $50.
[3] 
Over 400 amps to 1,000 amps: $75.
[4] 
Over 1,000 amps: $125.
(5) 
Primary transformer vaults: enclosures substations.
(a) 
Not over 100 KVA: $55.
(b) 
Over 200 to 500 KVA: $65.
(c) 
Over 500 KVA: $110.
Note: Above applies to each bank of transformers.
(d) 
Each additional: $15.
(e) 
Service meter equipment and feeders up to 600 volts.
[1] 
Not over 225 amps: $35.
[2] 
Over 225 amps to 400 amps: $50.
[3] 
Over 400 amps to 1,000 amps: $75.
[4] 
Over 1,000 amps: $125.
(6) 
Electrical signs: incandescent and electric discharge lighting systems.
(a) 
Each sign or system: $25.
(7) 
Protective signaling systems.
(a) 
For the first 15 devices: $40.
(b) 
For each additional five devices: $3.
(8) 
Commercial swimming pools: $75.
(9) 
Telephone wiring.
(a) 
First telephone outlet: $15.
(b) 
Each additional outlet: $3.
G. 
Plumbing fee schedule: residential, commercial, industrial.
(1) 
Base fee for plumbing permit: $35; per fixture: $5.
(2) 
Renewal of building sewer without other changes to the existing system: $5.
(3) 
Installation of air conditioning requiring water connections: $5.
(4) 
Water supply to heating systems: $5.
(5) 
Well pumps and pressure tanks: $5.
(6) 
Sewer service, pump, interceptor or separators: $10.
(7) 
New water service: $10.
(8) 
The permit fee schedule for storm sewer inspection shall be as follows:
(a) 
Roof drains (each): $5.
(b) 
Outside leader (each): $5.
(c) 
Manhole: $5.
(d) 
Area drain (each): $5.
H. 
Mechanical fee schedule.
(1) 
Residential, commercial, industrial.
(a) 
Base fee for mechanical permit: $35.
(b) 
Central heating, furnace or boiler:
[1] 
Residential, each fixture includes solar panels: $15.
[a] 
Up to five fixtures/units: $70.
[b] 
Up to 10 fixtures/units: $125.
[2] 
Commercial, first 100,000 BTUs: $20.
[a] 
Each additional 100,000 BTUs: $5.
[b] 
Maximum fee per unit: $120.
(c) 
Fire damper or subducts.
[1] 
One to five: $15.
[2] 
Each additional five: $15.
(d) 
Incineration, per 100 pounds per hour burning rate: $15.
(e) 
Gas piping: residential/mobile homes: $10.
[1] 
Commercial: $15.
[2] 
Each additional: $3.
[3] 
Tanks 500 gallons or less require piping permit only.
(f) 
Escalator or elevators (per floor): $20.
(g) 
Automatic sprinkler systems:
[1] 
Residential (per floor): $20.
[2] 
Limited (up to 20 heads): $25.
[3] 
Hood systems: $50.
[4] 
NFPA systems: $50.
Plus:
[a] 
21 to 300 heads: $0.75 per head.
[b] 
Each additional head over 300: $0.50 per head.
[5] 
Fire pump (each): $50.
[6] 
Dry pipe add on (each): $50.
[7] 
Standpipe system only (each): $50.
[8] 
Underground fire line (each): $50.
[9] 
Chemical systems (each): $50.
(h) 
Unfired pressure vessels (each): $20.
(i) 
Fire hydrants (each): $10.
(j) 
Commercial hoods and fans: $40.
(k) 
Fans.
[1] 
Fans up to 400 CFM: $20.
[2] 
Fans over 400 CFM: $30.
(2) 
Central air conditioning, refrigeration and refrigeration cycle of air conditioning systems:
(a) 
Residential, per unit (per floor).
[1] 
Heat pumps (each): $15.
[2] 
Geothermal systems: $30.
[3] 
Well water supplied needs Department of Environmental Quality/Health Department approval.
(b) 
Commercial:
[1] 
First five tons: $20.
[2] 
Each additional ton: $5.
(c) 
Maximum fee per unit: $120.
[1] 
Solar hot water heater: plumbing permit only unless it has electric.
[2] 
Solar panels: mechanical permit only unless it has electric.