The inspection and regulation of new and ongoing construction is necessary for the protection of the public health, safety and welfare, there is hereby established in Naples City a code enforcement department to be known as the Naples City building department, which shall consist of a building official/fire code official and such other technical inspectors as shall be employed by the municipality.
(Ord. 91-54 § 10-05-001, 1991; Ord. 10-122, 2010)
(1) 
The building official/fire code official shall have responsibility for the general supervision and maintenance of the department.
(2) 
The building official/fire code official is hereby authorized and directed to enforce all provisions of adopted codes and appendices.
(3) 
The building official/fire code official shall have the power to render interpretations of the codes and to adopt and enforce rules and regulations supplemental to the codes as he may deem necessary in order to clarify the application of the provisions of the codes. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of the codes.
(4) 
The building official/fire code official shall collect fees from persons initiating new building and construction so as to defray costs incurred by and on behalf of said building department.
(Ord. 91-54 § 10-05-002, 1991; Ord. 10-122, 2010)
(1) 
In accordance with prescribed procedures and with the approval of mayor and council, the building official/fire code official may appoint such technical inspectors and other employees as shall be authorized from time to time. Such inspectors may carry out the functions of the building department.
(2) 
The technical inspector shall meet minimum qualifications as established by the Section 58-56-9, Utah Code Annotated 1953.
(Ord. 91-54 § 10-05-003, 1991; Ord. 10-122, 2010)
When necessary to make an inspection to enforce any of the provisions of the codes, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official/fire code official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official/fire code official by the codes; provided, that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or persons having charge or control of the building or premises and request entry. If such entry is refused, the building official/fire code official or his authorized representative shall have recourse to every remedy provided by law to secure entry.
(Ord. 91-54 § 10-05-004, 1991; Ord. 10-122, 2010)
Whenever any work is being done contrary to the provisions of the codes, the building official/fire code official may order the work stopped by notice in writing served on the persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official/fire code official to proceed with the work.
(Ord. 91-54 § 10-05-005, 1991; Ord. 10-122, 2010)
(1) 
In order to hear and decide appeals of orders, decisions or determinations made by the building official/fire code official relative to the application and interpretation of this code, there shall be and is hereby appointed a hearing officer who is qualified by experience and training to pass upon matter pertaining to building construction and/or technical aspects of the codes and who is not an employee of Naples City. The building official/fire code official shall act as secretary to said hearing officer but shall have no vote upon any matter. The hearing officer shall be appointed by the mayor and council. The hearing officer shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with duplicate copy to the building official/fire code official.
(2) 
Limitations of Authority. The hearing officer shall have no authority relative to interpretations of the administrative provisions of the codes nor shall the hearing officer be empowered to waive requirements of the codes.
(Ord. 91-54 § 10-05-006, 1991; Ord. 10-122, 2010)
The changes in building codes are adopted by the Utah Legislature after receiving a recommendation from the Code Commission. The State Construction Code Adoption Act, State Construction Code and Utah Code Annotated from time to time adopt building codes, standards, appendices and guidelines.
The city, to be in compliance with the Utah Uniform Building Standards Act Rules starting at Section R156-56-701 and Title 58, Chapter 56, Utah Code Annotated 1953, adopts these codes, standards, appendices and guidelines at the same time the state adopts and updates. By state statute the city reserves the right to adopt additional codes, standards, appendices and guidelines to meet their public health, safety and welfare needs.
(Ord. 84-25 §§ VII – X, XIII – XVIII, 1984; Ord. 91-54 § 10-05-007, 1991; Ord. 10-122, 2010)
(1) 
No building, structure, pipeline, or transmission line shall be constructed, altered or moved, nor shall the use of land be changed except after the issuance of a permit for the same by the building official/fire code official; provided, that no permit shall be necessary where the erection, construction, reconstruction or alteration is minor in character as defined in IBC 105.2, 105.2.2, 105.2.3, IRC R105.2, R105.2.2, R105.2.3, IPC 106.2, IFGC 106.1, 106.2, IMC 104.2, IFC 104.2, NEC 90.2.B, or as determined by the building official/fire code official. A careful record of such applications and permits shall be kept in the office of the building official/fire code official for a period of one year from the date of receipt thereof.
(a) 
No construction requiring a building permit shall be commenced or continued after the expiration of that building permit.
(b) 
If prior to the expiration of the building permit application is made to renew the building permit, the building official/fire code official, upon determining that the applicant is otherwise in compliance with this title, may extend the building permit for a period of up to 180 days upon payment of a renewal fee of $60.00 or such other amount as may be established by resolution of the city council. If the permit is not renewed or acted upon for one year, the permit fees paid shall be returned, less the administration costs. If the applicant of the permit cannot be located the fees shall be forfeited in its entirety upon the following:
(i) 
Permit address for applicant is not valid; or
(ii) 
Permit phone numbers for the applicant are not valid.
All or a portion of the permit proceeds may be forfeited and retained by the city as necessary to satisfy any financial obligations to the city arising under this title.
(c) 
The building permit which has expired for less than 30 days may, upon application and determination of the building official that the applicant and the project is otherwise in compliance with this title, renew the building permit for a period of 180 days from the date of original expiration. If the building permit has already expired the fee for renewal shall be $60.00 or such other amount as established by resolution adopted by the city council.
(d) 
Bond Required. Any person applying for a building permit shall, prior to issuance of the building permit, post cash or surety bond in the sum of $500.00. Said cash or bond shall be held by the city as surety for the performance of the obligations set forth in this title. Upon successful completion and issuance of a certificate of occupancy, and compliance by the owner, contractor and agents of the owner and contractor with the terms and conditions of this title, the bond shall be released if a surety bond or refunded if a cash bond.
The bond shall be forfeited in its entirety upon the occurrence of any of the following events:
(i) 
Occupancy of the building, home or other structure without having first obtained a certificate of occupancy.
(ii) 
Expiration of the building permit without having obtained a certificate of occupancy.
(iii) 
Willful violation of an order or directive of the building official.
All or a portion of the bond proceeds may be forfeited and retained by the city as necessary to satisfy any financial obligations to the city arising under this title.
(2) 
It shall be a class B misdemeanor for any homeowner and a class B misdemeanor for any person who receives payment or anything of value to construct or alter any building or structure, except a fence, without first securing the permit required by this chapter.
(3) 
This section shall not apply where the retail cost of the materials used in the construction or alteration is less than $1,000 except that it shall apply in all cases where the construction or alteration results in an enlarged structure or affects the bearing walls of the building or structure.
(4) 
A building permit shall be secured from the building official/fire code official on written application accompanied by plans and specifications in duplicate which must state the specific nature of the construction or alterations to be made. The plan must be verified by the person who will perform or be in charge of the construction or alteration.
(5) 
The building department shall review the plan to determine whether the proposed construction or alteration conforms to the building codes and ordinances of this municipality. The inspector shall mark the plans within 10 days with the statement "approved" if the plans do conform or "disapproved" if the plans do not conform. If the plans are disapproved, the reasons therefor shall be annexed to the plans. Upon approval of the plan, the inspector shall issue a permit to the applicant together with one set of the approved plans. One set of the plans shall be retained by the building department. The building department may revoke at any time a permit which has been issued for any building constructed or being constructed or which would be, if constructed, in violation of any ordinance of this municipality.
(6) 
No material variation from the approved plans shall be allowed unless such variations shall first have been approved in writing by the building official/fire code official.
(Ord. 84-25 §§ I – V, 1984; Ord. 91-54 § 10-05-008, 1991; Ord. 10-122, 2010)
(1) 
New Construction Fees, Remodeling, Additions and Manufactured Housing Installation Fee. The building official/fire code official or his representative shall collect a fee for the application for a permit in the amount set forth in Resolution 2002-148 which is established from time to time by resolution or ordinance or consolidated fee schedule.
(2) 
Fees for Subdivision Plat Reviews and Development Reviews. The building official/fire code official or his representative shall collect a fee set forth in the most current land use ordinances, which is established from time to time by resolution or ordinance or consolidated fee schedule.
(3) 
Zoning Services and Review Fees. The building official/fire code official or his representative shall collect a fee set forth in the most current land use developers and development section or consolidation statewide established from time to time by resolution or ordinance or consolidated fee schedule.
(4) 
Building Permit Fees for Churches and Houses of Worship. No fees will be charged for the construction of facilities used for religious worship. However, a permit is required before construction starts.
(Ord. 84-25 §§ VI, XII, 1984; Ord. 91-54 § 10-05-009, 1991; Ord. 10-122, 2010)
The building inspector shall perform all functions of electrical inspection as required by the National Electrical Code adopted by the state of Utah. The building official/fire code official shall require the correction of such defects as he deems actually dangerous to life or property. Those same enforcement standards established in the International Building Codes shall be followed by the building inspector for all electrical work.
(Ord. 84-25 § XI, 1984; Ord. 10-122, 2010)
No land shall be used or occupied and no building hereafter structurally altered or erected shall be used or changed in use until a certificate of occupancy shall have been issued by the building official, stating that the building or structure or the proposed use thereof or the use of the land complies with the provision of this title. A like certificate of occupancy shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use.
(1) 
It shall be a violation of this title if a certificate of occupancy has not been obtained by the holder of the building permit prior to the expiration of the building permit or any renewal thereof.
(2) 
No owner of land shall allow any structure or building thereon which requires a certificate of occupancy to be occupied by humans prior to obtaining a certificate of occupancy as required herein.
(3) 
Allowing or permitting the occupancy of a building or structure by humans, which is required pursuant to this title to have a certificate of occupancy, shall be a class B misdemeanor. Each day that the violation continues shall be a separate and additional misdemeanor offense.
(Ord. 10-122, 2010)
(1) 
If the building official finds that a building, structure, development or portion thereof has been substantially completed and that no substantial hazard will result from occupancy of any building, structure, development or portion thereof before the same is completed, a temporary certificate of occupancy may be issued for the use of a portion or portions of a building, structure, or development prior to the completion of the entire building, structure, or development. The temporary certificate of occupancy shall expire 30 days from date of issuance.
The fee for issuance of a temporary certificate of occupancy shall be $60.00 or such other amount as may be subsequently established by resolution of the city council.
For good cause shown, a temporary certificate of occupancy may be renewed for a period not to exceed 30 days on filing an application with the city building official and payment of a renewal fee of $25.00.
(2) 
Upon the expiration of the temporary certificate of occupancy or any renewal thereof, if a permanent certificate of occupancy has not been issued, the building official shall record a notice of delinquency and noncompliance to this title.
(Ord. 10-122, 2010)
(1) 
For any proposed commercial, industrial, or institutional use, any alteration, expansion or development, or any multiple family housing development containing five or more units, where the development occupies more than one acre, approval of a site plan by the planning commission is required prior to the issuance of a building permit. In considering any site plan, the planning commission may impose reasonable requirements to assure, among other things, the safety and convenience of traffic movement both within the area covered and in relation among the buildings and uses, harmonious relation between such area and buildings and adjacent neighborhoods, and the preservation of future road locations. Any development under one acre requires approval of a site plan by the building official.
In furthering the above objectives the planning commission shall review and may require certain improvement or design changes to be implemented by the developer. The following consideration shall be shown on a site plan, drawn to scale. A list of these considerations shall be provided by the building official.
(2) 
The building official shall ensure that development is in compliance with the site plan and all other requirements imposed by the planning commission for projects larger than an acre. Approval of a site plan by the planning commission shall expire in one year if development of the project has not begun.
(3) 
To minimize or to have inconsequential alterations to minor parts of a site plan may be approved by the building official if not in violation of the provisions of this title and if reasonable made to carry out the purpose and intent of the planning commission.
(4) 
Improvement guarantees may be required in order to ensure that improvements are installed at no cost to the city within one year from the date of building permit issuance. All roadways, customer parking areas and landscaping, or as required by the planning commission, shall be paved with asphalt or concrete and landscaped prior to occupancy of the building or structure. An extension may be granted by the building official when inclement weather prevents the completion of the required improvements; provided, that a financial guarantee is filed with the city ensuring completion of such improvement.
(5) 
For any proposed commercial, institutional or industrial construction, reconstruction or alteration, expansion or development of 1,000 square feet or less, the building official may approve this development site plan as required herein, without the need for approval from the planning commission.
(Ord. 10-122, 2010)
All commercial, institutional or industrial development, construction, reconstruction, alteration, or expansion which generates any storm drainage proposing a site plan or any multiple-family housing development containing five or more units shall be required to retain all storm water drainage on its own property at a design rainfall depth of one inch per hour.
(Ord. 10-122, 2010)
Building permits or certificates of occupancy issued on the basis of plans and specifications approved by the building official authorize only the use, arrangement and construction set forth in the approved plans and applications and not other uses, arrangements or construction. Arrangement or construction at variance with that authorized in the plans and specifications shall be deemed a violation of this title and shall be punishable as provided by resolution or consolidated fee schedule.
(Ord. 10-122, 2010)
All department officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate of license for uses, building or purposes in conflict with the provisions of this title, and any such permit, certificate or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void. No sewer service line, no water service line or electrical utilities shall be installed if such use will be in violation of this title.
(Ord. 10-122, 2010)
Any violation of this chapter shall be a class B misdemeanor. Each day that the violation continues shall be separate and additional offense.
(Ord. 10-122, 2010)
The provisions of this chapter shall be severable and if any provision thereof or the application of such provisions under any circumstances is held invalid it shall not affect the validity of other provisions of this chapter or the application in a different circumstance.
(Ord. 10-122, 2010)
The ordinance codified in this chapter shall become effective immediately upon publication or posting as set forth by state law.
(Ord. 10-122, 2010)