A. 
Building Inspector qualifications. The Select Board shall appoint a Building Inspector and may appoint a Deputy Building Inspector, each of whom shall have had experience as a civil or structural engineer, superintendent of building construction, or a building contractor, or be otherwise qualified by experience or training in the field of building or construction to be qualified to competently perform the Inspector's duties. The Deputy Building Inspector shall act in the absence, disqualification, disability or unavailability of the Building Inspector, with all the same powers, duties and authorities. Wherever the words "Building Inspector" appear in this code, in his absence, disqualification, disability, or unavailability, the same may be read as "Deputy Building Inspector." The Building Inspector shall be capable of making the necessary examinations and inspections. Also, the Building Inspector shall not have any interest whatever, directly or indirectly, in providing goods or services to the building permit applicant, and in the event he does have such an interest, he shall disqualify himself, and the other building official of the Town, whether the Building Inspector or Deputy Building Inspector, shall handle all processing of such application thereafter.
B. 
Building Inspector duties. The Building Inspector shall:
(1) 
Administer all provisions of this code, together with Chapter 190, Zoning, and, except as otherwise provided, shall enforce all provisions of this code, Chapter 190, Zoning, the State Building Code and all other statutes and regulations of the State of New Hampshire relating to the construction, equipment, maintenance, alteration, fire damage, condition, etc., subject to the State Building Code, of buildings, structures and their attendant sites, including sewage disposal and other utility systems, within the Town of Rye.
(2) 
Have authority to issue violation notices and all orders reasonably necessary or desirable for the purpose of enforcing or preventing violations of this code, or enjoining the maintenance of any structure erected contrary thereto.
(3) 
Have authority to and shall visit and inspect each and every structure upon which work is being done, where a permit is required, as often as necessary.
(4) 
Keep on file all applications for permits and one copy of all plans and specifications submitted. The Building Inspector may consult with Town Counsel and any Town department heads and may consult engineers or other qualified experts for advice on any work or application in question. The fees for any such consultation shall be paid for by the applicants for a permit.
(5) 
Have authority to enforce all subdivision and site plan review approvals of the Rye Planning Board and all conditions of any such approvals, whether express or implied.
C. 
Administrative procedure. Except as otherwise set forth in the State Building Code, the general administrative procedure of this code shall follow that outlined in detail in §§ 190-8.0 through 190-8.3 of Chapter 190, Zoning, of the Town Code, and reference being hereby made, that article therefore becomes effective for the administration of this Building Code. Nothing contained herein shall prevent the Planning and Zoning Administrator from issuing an administrative decision that administers, interprets, or construes the provisions of Chapter 190, Zoning, in accordance with § 190-8.4 of Chapter 190.
D. 
Right of entry. The Building Inspector shall have the right in the performance of his duties, and at reasonable times, to enter, examine and inspect any premises, land, or building within the Town for purposes of this code, Chapter 190, Zoning, or Chapter 202, Land Development Regulations. Where such entry is refused, the Building Inspector may, for reasonable or probable cause shown, obtain such entry by administrative inspection warrant pursuant to RSA 595-B, as amended, or order of court. The Planning Board, its members, officers, and employees, in the performance of its duties and responsibilities, as authorized by this section and RSA 674:1, IV, shall likewise have such right of entry. See Section R104.6 of the IRC; Section 104.6 of the IBC.
E. 
Relief from personal responsibility. The Building Inspector charged with the enforcement of this code shall not be personally liable while acting for the Town in the discharge of his official duties. No oversight or neglect on the part of the Building Inspector, however, shall legalize the erection, construction, alteration, repair or moving of any building or structure in a manner not conforming with the provisions of this code. These same provisions as to relief from personal responsibility shall apply to the Planning Board, its members, officers and employees acting in the performance of their functions.
F. 
Complaint file. The Building Inspector shall maintain a file of all complaint forms and violations. This file will be open for public inspection during the Building Inspector's normal office hours. A complainant must complete and sign the approved form. Notice shall be furnished to the person against whom the complaint was made to allow him opportunity for rebuttal.
A. 
Application for permit. The following is enacted by the Town of Rye to modify Sections R105.1 and R105.2 of the IRC and Sections 105.1 and 105.1.2 of the IBC. Every person or authorized agent of such person intending to perform any work identified in Section 3502(c) of this Code shall, before proceeding with the work, obtain the required building permits (electrical, plumbing, and construction) from the Building Inspector. The application forms, furnished by the Building Inspector, require a description of the building; the site; the location thereof; the work contemplated, and every such person or agent intending to otherwise alter or restore any building or structure, including the interior, so as not to increase the floor or base area thereof, to the extent of $1,500 or more in value, including the value of all labor and materials. The fees for permits are listed at the office of the Building Inspector. A careful record of the original of such application and the supporting plan and any specifications shall be kept in the Town offices by the Building Inspector. In addition to all requirements set forth in the International Plumbing Code, as adopted by the Building Code Review Board, Section 608.17-5, a backflow preventor shall be required for all new, expanded and/or replaced irrigation system(s) which shall be installed by a licensed New Hampshire plumber. The licensed New Hampshire plumber shall apply for a permit from the Building Inspector, who shall ensure that such backflow preventor is appropriate for the proposed irrigation system and will be installed in accordance with the New Hampshire Building Code and the requirements of the local water utility and established best practices.
B. 
Requirements for permit applications and plans. Applications for building permits and instructions for the filing thereof are available at the Building Inspector's office. The Building Inspector is authorized to establish forms and requirements for plans and other information to be submitted which will accomplish the intent of this code. See RSA 155-A:2, III and IV; RSA 155-A:3, RSA 155-A:4.
C. 
Required approvals.
(1) 
No building permit shall be issued unless all required approvals from state and/or federal agencies have been received, including Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1334.
(2) 
The Building Inspector shall review all subdivision plans and all site plans which have been approved by the Rye Planning Board involving or affecting the site to assure that the application is in compliance with all conditions of Planning Board approval, whether express or implied. No building permit application shall be approved unless it is in compliance with such approvals or conditions.
D. 
Approved plans. One copy of the approved plans and specifications together with a signed permit shall be kept at the site of work until such work is completed. After issuance of a building permit, the approved plans and specifications shall not be changed unless such change is approved by the Building Inspector. Changes must be annotated to both the plan at the site and the plan in the Building Inspector's file and all changes must be initialed by both the contractor listed in the building permit and the Building Inspector. Prior to issuing a certificate of occupancy, the Building Inspector shall inspect the construction site and certify that the work conforms to the plans filed in the Town Hall. A building permit shall become void unless operations are commenced with 12 months from the date of approval. Such permit shall expire 12 months from the date of approval. A permit may be renewed once upon payment of the required fee for an additional 12 months.
E. 
Other Town permits.
(1) 
Fire Department approval. No permit shall be issued by the Building Inspector respecting any work involving fire hazards, such as bulk tanks, places of public assembly, demolition work or otherwise, unless the plan for proposed construction, alteration, repair, installation, or demolition has been approved in writing by the Fire Chief. If a new oil burning heating plant or system is part of the job for which the permit is requested, such permit shall not be issued without the required Fire Department oil burner permit.
(2) 
Department of public works approval. No permit shall be issued by the Building Inspector respecting any work involving curb cuts in Town roads without proof of a valid permit from the Department of Public Works.
F. 
Permits for temporary structures.
(1) 
No temporary structures shall be erected unless Fire Department approval has been obtained and a permit therefor has been issued by the Building Inspector. Such structure may be maintained only for the period of time stated on the permit, and in no case for a longer period than one week unless otherwise specified in this code or Chapter 190, Zoning. There is no fee for a temporary structure permit.
(2) 
Any event tent erected on public or private property shall comply with applicable provisions of the State Building Code and State Fire Code. A building permit is not required for a tent of any size erected as an accessory structure on property that is an owner-occupied one- or two-family dwelling.
G. 
Subdivision plats. No permits shall be issued for proposed construction within a subdivision plat unless said plat has been given final approval by the Planning Board of the Town of Rye and filed with the Rockingham County Register of Deeds. No permits shall be issued for new construction on an undeveloped lot which does not comply with current zoning regulations or with the conditions of Planning Board subdivision approval, wither express or implied.
H. 
Site plans. No permits shall be issued for new construction on a lot if site plan approval by the Rye Planning Board, if required, has not been obtained. No building permit shall be issued for construction on a lot which does not comply with the conditions of Planning Board site plan approval, whether express or implied.
I. 
Permits for special use group buildings. Whenever state statutes require the approval of the special use group buildings, including, among others, factories, schools, and multifamily dwellings, the approval of such authorities shall accompany the application for a permit.
J. 
Posting of permit cards. The permit issued by the Building Inspector shall be displayed in a conspicuous place on the premises and shall not be removed until all work in the building shall have been approved by the Building Inspector. Inspections will not be performed unless the building permit has been posted at the site.
K. 
Fees. The Select Board is hereby authorized to establish fees to be charged for all permits, inspections and certificates of occupancy required by this code. The schedule of fees shall be available in the Building Inspector's office during normal business hours. The amount accruing from the collection of fees shall be deposited at least weekly with the Town Treasurer by the Building Inspector.
L. 
Certificates of occupancy. The provisions of § 190-8.2 of Chapter 190, Zoning, are hereby incorporated by reference into this code.
A. 
Enforcement authority. It shall be the duty of the Building Inspector to make such orders and decisions, and to take any and all actions, as may be necessary to enforce the provisions of this code.
B. 
Legal proceedings. It shall be the duty of the Building Inspector to take any appropriate action to prevent any violation of this code, and it shall be the duty of the Town Counsel, upon complaint of the Building Inspector, and with the approval of the Select Board, to institute abatement, injunction, or other appropriate proceedings at law or in equity to restrain, prevent, enjoin, abate, correct, or remove such violations; provided, however, that the remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law, including proceedings against any violator of the provisions of this code under § 35-7, Violations and penalties, of this code.
C. 
Notices of violations. Whenever the Building Inspector is satisfied that a building or structure, or any work within the scope of this Code is being performed in violation of the provisions or requirements of this code, or in violation of a detailed statement or plan submitted and approved thereunder, or of a permit or certificate issued thereunder, the Building Inspector or Town Counsel on the Building Inspector's request or behalf shall cause to be served by mail or in hand a written notice or order upon the person responsible directing discontinuance of such illegal action and the remedying of this condition that is in violation of the provisions or requirements of this code.
D. 
Stopping work. Whenever, in the opinion of the Building Inspector, by reason of defective or illegal work in violation of a provision or requirement of this code, the continuance of a building operation is contrary to public welfare, the Building Inspector or Town Counsel on the Building Inspector's request or behalf shall order, in writing, all further work to be stopped and may require suspension of all work until the condition in violation has been corrected. The Building Inspector or the Select Board shall suspend or revoke any building permit upon determining that the work or project in process is not in conformity with the permit as granted, or is otherwise in violation of the terms of the Building Code or Chapter 190, Zoning. In the event of such suspension or revocation of a building permit, the work or project concerned shall immediately cease, or legal action to enforce such cessation shall forthwith be taken by the Select Board.
E. 
Disregard of violation notices or orders. In case a violation notice or order is not properly complied with, the Building Inspector or Town Counsel on his request or behalf shall notify the Select Board of such noncompliance. The Select Board upon receipt of such notice shall institute an appropriate action.
A person who shall violate a provision of this code or who fails to comply therewith or with any violation notice or order issued to enforce the same or with any of the requirements thereof, or who performs any work within the scope of this Code, as set forth in § 35-2, in violation of a statement or plan submitted and approved thereunder, or of a permit or certificate issued thereunder, shall be subject to the fines and penalties set forth in RSA 676:17, as amended.
For the purposes of this code, the powers of the Building Code Board of Appeals are vested in the Board of Adjustment established under the terms of Chapter 190, Zoning, of the Town of Rye. Any person aggrieved, or any Town official, may take an appeal to the Board of Adjustment from any decision of the Building Inspector as authorized by RSA 674:34 and in accordance with the procedures set forth in Article VII of Chapter 190, Zoning, upon payment of such appeal filing fee as therein required.