[HISTORY: Adopted by the Town of Derry effective 1-3-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 51.
ATTACHMENTS
Attachment 1 - Fee Schedule for Building PermitsAttachment 2 - Electrical FeesAttachment 3 - Plumbing Fees
[1]
Editor's Note: This ordinance also superseded former Ch. 30, Building and Property Maintenance Codes, adopted 7-21-2005, as amended.
Pursuant to the authority granted by RSA 674:51, the Town Council will vote to rescind and/or adopt the following codes and amendments as set out below.
A. 
The State Building Code as currently adopted by the State of New Hampshire and as adopted by the Town of Derry under Chapter 30 of the Town of Derry Code shall include the:
(1) 
International Building Code (IBC), as amended by the Town of Derry under Chapter 30 of the Town of Derry Code and as amended by the State of New Hampshire;
(2) 
International Residential Code (IRC), as amended by the State of New Hampshire;
(3) 
International Plumbing Code (IPC), as amended by the State of New Hampshire;
(4) 
International Mechanical Code (IMC), as amended by the State of New Hampshire;
(5) 
International Energy Conservation Code (IECC), as amended by the State of New Hampshire;
(6) 
International Existing Building Code (IEBC), as amended by the State of New Hampshire;
(7) 
National Electrical Code (NFPA 70), as amended by the State of New Hampshire.
B. 
In addition to the State Building Code, all codes currently adopted by the State of New Hampshire Fire Marshal's Office and as contained in Chapter Saf-C 6000 State Fire Code.
C. 
The International Property Maintenance Code (IPMC), as amended and adopted by the Town of Derry under Chapter 30 of the Town of Derry Code.
The officer or other designated authority charged with the administration of this chapter and the State Building Code, including the Code Enforcement Officer, Building Inspector, Fire Prevention Officers and Health Officer.
The published International Building Code (IBC), as currently adopted by the State of New Hampshire, is amended as follows:
A. 
Insert the words "Town of Derry" wherever the words "Name of Jurisdiction" are used.
B. 
Fees.
108.2 New construction building fee schedule shall be based on the Building Valuation Data Report issued by the ICC.
108.2.1 For renovations or alterations to existing structures, the building permit fee shall include an application fee of $35 for residential and $45 for commercial plus an additional fee of $5 per $1,000 of construction cost.
108.1.2 There is a permit fee of $500 for manufactured homes located in manufactured housing parks. An application fee of $35 plus $5 per $1,000 of construction cost will be charged for manufactured homes on their own land. For temporary mobile homes, a permit fee of $100.
108.2.2 The fee for electrical permits shall include an application fee of $35 plus itemized fixtures which shall be established by the Code Enforcement Officer and approved by the Town Council. (See attached schedule.[1]) Electrical permits shall be issued to Master Electricians licensed by the State of New Hampshire except by consideration by the Electrical Inspector to single-family dwelling owners.
108.2.3 The fee for plumbing permits shall include an application fee of $35 plus itemized fixtures which shall be established by the Code Enforcement Officer and approved by the Town Council. (See attached schedule.[2]) Plumbing permits shall be issued to Master Plumbers licensed by the State of New Hampshire except by consideration by the Plumbing Inspector to single-family dwelling owners.
108.2.4 Permit fees for wells shall be by the following schedule:
Single-family: $35
Community wells:
2 to 25 units: $70
26 to 50 units: $100
Above 50 units: $150
108.2.5 Permit fees for chimneys shall be $35 per flue.
108.2.6 Permit fees for new decks or replacement decks shall be $50 per deck. Permit fees for a new or replaced farmer's porch shall be $50 plus $5 per $1,000 cost of construction.
180.2.6.1 Permit fees for sheds shall be $35 up to 150 square feet; and for sheds over 150 square feet shall be an application fee of $35 plus $5 per $1,000 cost of construction.
108.2.7 Permit fees for new or repaired septic systems shall be $50 and require a bed bottom inspection of all septic system installations. A full-sized plan of septic design be submitted with the septic permit application.
108.2.8 Permit fees for swimming pools shall be:
In-ground: $100*
Aboveground: $50*
  
* A separate electrical permit is required.
108.2.9 Solar array. The building permit fee shall be based upon $5/$1,000 construction costs, plus an administration fee of $35, in addition to an electrical permit at an administration fee of $35. Applications must include a copy of the signed contract to commence work and engineering calculations for roof load and wind uplift.
108.2.10 Permit fees for signs shall be $35 plus $0.50 per square foot of sign.
108.2.11 Moving of buildings. Fees are $75 for each building to be moved. Prior to the issuance of a permit to move, the applicant shall obtain clearance from utility companies, the State Highway Department, Public Works Department, Police Department, and any other permits as may be required.
108.2.12 Foundation only permits shall be $35 for residential and $45 for commercial.
108.2.13 Demolition. Permit fees for the demolition of buildings shall be $50 per structure. Prior to the issuance of a permit to demolish, the applicant shall provide the Building Inspector's office with approvals from utilities.
108.2.14 Permit renewal. For residential: $35/for commercial: $45. If construction is commenced within the first year but not completed, the permit may be renewed for $35 for residential or $45 for commercial. If construction is not commenced within the first year and the fee permit has not been renewed prior to the expiration date, the permit is void and the applicant must reapply for a new permit. If no construction activity is begun within two years, the permit is void and the applicant must reapply for a permit.
108.2.15 Reinspection fee. Residential: $35/commercial: $45.
108.2.16 Penalty for work commenced prior to the issuance of proper permits as provided in the International Residential Code (IRC) Section R-108.6.
Permit fees
$0 to $100: 200%
$101 to $500: 175%
$501 to $2,500: 150%
$2,501 or greater: 125%
108.2.17 Refunds. Refunds of permit fees for cancelled work will be granted for a period of 60 days from the date of issuance of the permit subject to an administration fee of $50. Beyond 60 days, all requests are subject to Town Council approval.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
C. 
Board of Appeals, International Building Codes (IBC).
113.4 Board of Appeals. The Zoning Board of Adjustment for the Town of Derry shall act as the Board of Appeals according to the regulations and procedures as set forth in the Zoning Ordinance of the Town of Derry.
113.5 Appeals. Applications for appeals to the Board of Adjustment shall be filed in duplicate with the Building Inspector, who shall promptly forward one copy to the Board of Adjustment. The appeal will clearly state the grounds for such appeal as enumerated in Subsection 121.1 and shall be accompanied by a check or money order in the amount of $100, plus abutter notifications, made payable to the Town of Derry, N.H., which the Building Official will deposit in the general fund.
113.6 Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
D. 
Violations.
114.4 Violation Penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or direction of the Building Inspector, or of a permit or certificate issued under the provisions of this code, shall be subject to the penalties as provided in RSA 376:17, as amended. Each day the violation continues shall constitute a new violation.
114.5 Unlawful Continuance. Any person who shall continue any work in or about the building after having been served with a stop order, except such work as he is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties as provided for in RSA 676:17, as amended. Each day the violation continues shall constitute a new violation.
E. 
2903.1 Drain Tie-Ins. No cellar floor drain, footing drain, roof drain, or other type of drain not presently authorized to tie into the Derry sanitary sewer lines shall do so.
F. 
3107.1 General. Signs shall be designed, constructed and maintained in accordance with this code and in conjunction with the current Town of Derry Zoning Ordinance, as amended.
Adoption of these amendments shall not affect any suit now pending in court, nor shall it affect any rights acquired or liability incurred prior to the adoption of this chapter.
This will take effect immediately upon adoption.
Whenever the regulations under the authority hereof differ from those prescribed by any statute, ordinance or other regulation, the provision which imposes the greater fee or stricter regulation shall apply. In all cases, restrictions of the highest standard shall govern.
A. 
The Town of Derry hereby adopts, by reference, the International Property Maintenance Code, and any subsequent amendments thereto, so as to regulate and govern the conditions of all property, buildings, and structures existing within its jurisdiction.
B. 
The following sections of the 2009 International Property Maintenance Code shall be amended, deleted, or added as shown.
101.1 Title. These regulations shall be known as the "International Property Maintenance Code of the Town of Derry," hereinafter referred to as "this code."
103.1 General. The Building Department and Code Enforcement Director shall be the executive officials charged with all oversight of this code and shall be known as the "code officials" in charge of property maintenance in the Town of Derry.
103.2 Appointment. The Derry Town Charter, § 8.6, and Derry Administrative Code set out the appointing authority for the Town's employees and department heads.
103.3 Deputies. The Derry Town Charter, § 8.6, and Derry Administrative Code set out the appointing authority for the Town's employees and department heads.
103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as adopted per Chapter 30 of the Town Code.
103.6 The Town Council. Pursuant to § 4.7 of the Derry Town Charter, the Town Council shall appoint a Property Maintenance Committee consisting of the Code Enforcement Officer/Chief Building Inspector, Director of the Department of Public Works, Fire Chief, Police Chief, Planning Director, Tax Collector, and any other Town staff as deemed appropriate and to include three members from the public.
The Property Maintenance Committee shall be an advisory committee and shall convene in regularly scheduled meetings. The various committee members shall attend each session.
The Property Maintenance Committee shall review any complaints or concerns brought to its attention by the Town staff, or by others, regarding this code and make recommendations to the applicable Town staff. The Committee will review and discuss specific strategies as prescribed by this Code or other regulations in effect, with the Town staff, as is applicable (and may include the Health Officer, Public Works Department, Fire Inspector), and/or the Town Council.
SECTION 111 MEANS OF APPEAL
Nothing in this section shall be deemed to supersede the existing enforcement and appeals avenue from orders issued by the code officials (whether it is the Code Enforcement Official, Health Officer, Fire Department, etc., as is applicable). Any person ordered to take measures to comply with this code shall comply with such order forthwith.
If the matter includes specific areas of property maintenance that call for interpretation of the International Property Maintenance Code, in nonemergency matters, the affected person and the code official may elect to come before the Property Maintenance Committee to review the matter before any enforcement proceeding is commenced.
SECTION 202 GENERAL DEFINITIONS
Abandoned Building. A building or structure which has been unoccupied for a period of 60 days or longer during which the building or a portion thereof is not legally occupied and is beyond the ability of being rehabilitated or repaired in order that it be habitable or useful as designed and constructed.
Administration/Administrator. The Town Administrator.
Legal occupancy. Occupancy in a building or structure with a valid Building Department-issued occupancy permit, and that is legal by virtue of compliance with state building codes, state fire safety codes, local zoning codes, housing codes, and all other pertinent codes.
Hazardous building. Any building which, because of inadequate maintenance, dilapidation, physical damage, or unsanitary condition, constitutes a fire hazard or a hazard to public safety or health.
Neighborhood. An area of the Town comprised of all premises or parcels of land, any part of which is within a radius of 600 feet of any part of another parcel or lot within the Town.
Unit. Any space within a building that is or can be rented by or to a single person or entity for his or its sole use and is intended to be a single and distinct space.
Vacant. A building or structure which has been unoccupied for a period of 60 days or longer during which the building or a portion thereof is not legally occupied and there are no squatters or vagrants. Under the provision of this section, enforcement action may proceed without regard to a period of vacancy whenever any unoccupied building attracts criminal activity, is a health risk because of trash disposal or other condition, is blighted, or otherwise falls under the condition generally described in Section 1, Declaration of Policy.
Vacant parcel. A parcel of land with no structures thereon.
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches or what is considered by the code official to be reasonable and acceptable for the immediate neighborhood. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided that they are not maintained for the purpose of landscaping. This term shall not include cultivated flowers and gardens or areas used for agricultural purposes.
304.14 Insect Screens. During the period from May to September 30, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 millimeters), and every screen door used for insect control shall have a self-closing device in good working condition.
SECURING VACANT BUILDINGS (Appendix A, Boarding Standard, IPMC) This section defines security procedures designed to help property owners maintain the value of their properties by preventing damage from theft, burglary, weather, garbage and other problems associated with improperly secured vacant buildings.
The Town shall have the authority to order building owners to fully comply, or otherwise the Town will take whatever measures are necessary to bring said building into full compliance and attach a lien on the value of the parcel to recover all costs.
Requirement for the Security of Vacant Buildings
Disconnect all utilities at the street.
1.
Turn off water at the street and drain the plumbing system at its lowest point. Open all faucets and put anti-freeze in all traps containing water.
2.
Have the utility company disconnect electricity at the street and remove and cap meters.
3.
Shut off gas supply at the street. Disconnect and remove propane tanks and heating oil tanks.
Remove all flammables and combustibles from inside and outside.
1.
Remove all upholstered furniture, combustible materials and trash from the building, including the basement and attic.
2.
Remove trash and trash containers and combustible furniture from exterior stairwells, porches, fire escapes and outbuildings.
3.
Remove shrubbery and vegetation adjacent to the building that could support or spread a fire.
Secure the building to prevent entry/vandalism/weather damage/fire.
1.
Search the entire building to ensure that it is unoccupied.
2.
Remove doors and storm windows and place inside.
3.
Post the building accordingly with "No Trespassing" signs.
4.
One door to the structure shall be made available for authorized entry and shall be secured and locked.
5.
Construct entrance barriers using the following materials and methods:
Materials Needed
1.
One-half-inch (four-ply) plywood, exterior grade CDX and two-inch-by-four-inch-by-eight-foot construction-grade lumber.
2.
Three-eighths-inch (coarse thread) by twelve-inch carriage bolts (rounded head on weather side).
3.
Three-eighths-inch (coarse thread) construction grade nuts.
4.
One-half-inch (USS standard) flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head.
5.
Three-eighths-inch (USS standard) diameter flat washers for installation beneath the nut inside the building.
6.
One-and-five-eighths-inch (6d) galvanized or stainless steel ring-shank nails or comparable deck nails.
Security Measures
Basement openings, first-floor doors and windows and any point of entry accessible from a porch, fire escape or other potential climbing point require additional security measures. These openings should be barricaded with plywood, two-by-four braces, carriage bolt sets and nails. Openings that are at least 10 feet from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails in each brace and every 12 inches around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood-frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. If possible, carpenters should plywood and stub brace between the edge of the trimmer studs on each window and door casing and the header board.
Barrier Procedure
1.
Applying barriers is easiest with an inside and outside carpenter with appropriate tools and supplies. The inside carpenter will require a light. Exit is made over a ladder when the last window is boarded.
2.
Cut plywood to fit over the window and door openings, flush with the outside of the molding/trimmer stud. Avoid creating or leaving a lift surface if possible.
3.
Cut the two-by-four to fit the horizontal dimension of the plywood. You will need two exterior and two interior two-by-four braces for each window and three sets for each door.
4.
Drill two three-eighths-inch holes in each brace, approximately 1/3 of the length of the brace from the outside edge of the door and window jams.
5.
Prior to installation, stack both two-by-four braces on the plywood, as they will be installed and drilling through all for ease in installation.
6.
The two window braces will be placed 1/3 of the distance from the top and the bottom of the window.
7.
The three door braces will be placed: one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway.
8.
Place the plywood over the exterior opening and nail every 12 inches along the perimeter to the window/door frame.
9.
Place the two-by-four braces over the interior and exterior of the door or window.
10.
Place the large washer over the carriage bolt and slide the bolt through the holes.
11.
Place washer and nut inside and tighten securely. Torque the nut so that it slightly compresses the interior two-by-four.
12.
Paint said barriers the same color as the structure to minimize the appearance.
A. 
Bathroom venting. All bathrooms shall be mechanically vented to the outdoors.
B. 
Emergency escape. Emergency escape and rescue openings from basement living spaces shall be of one the following types:
(1) 
Walkout door/slider.
(2) 
Properly sized and installed egress window per IRC R310.
(3) 
Doghouse-style bulkhead, (Standard bulkheads shall not be accepted due to winter snow loads.)
C. 
Generators. Generators having a signaling/charging circuit in excess of 50 volts shall have a disconnecting means within sight of the generator and shall be permanently and indelibly marked.
D. 
Parking. Adequate parking shall be provided on site for construction workers.
E. 
Water heaters. All new and replacement water heaters shall be maintained at a minimum temperature of 140° F. and have a mixing valve installed for tempering.