Chapter 9 - BUILDINGS AND BUILDING REGULATIONS

Footnotes:

--- (1) --- Cross reference— Environment, ch. 10; noise from construction, § 10-45; fire prevention and protection, ch. 12; health and sanitation, ch. 13; historic preservation, ch. 14; sewers and sewage disposal, ch. 22; solid waste management, ch. 24; streets, sidewalks and other public places, ch. 25; subdivisions, ch. 26; zoning, ch. 28.

State Law reference— State Building Code, G.L. 1956, § 23-27.3-1 et seq.

ARTICLE I. - IN GENERAL#

Sec. 9-1. - Control of town buildings.#

The general care, custody and control of town buildings and properties, except as it is otherwise delegated by Charter or ordinance, shall be under the jurisdiction of the town administrator, subject to general rules and regulations as may be established by ordinance.

(Code 1972, § 6-1)

Sec. 9-2. - Work on town buildings and properties.#

Modifications, changes to, treatment of, or work on town buildings, interior or exterior, cannot be done until the procedure set forth below is followed. This includes, but is not limited to, such work as painting, sandblasting, cladding, trimming or other general maintenance and repair work. Before such work can be done, the following must be satisfied: (1)

All such work requires the written assent of the town administrator;

(2)

All such work shall be done only within budget appropriations or special appropriations approved by the town council;

(3)

All new construction, of small or large magnitude, and additions or coverings, also requires approval of the town council. Request to the town council shall include plans and recommendations of an architect, the town engineer and the town administrator;

(4)

All work costing more than $25,000.00 in the aggregate shall also require the advance approval of the town council.

(Code 1972, § 6-2)

Sec. 9-3. - Emergency information to be furnished by owners of multifamily dwellings.#

(a)

All owners of multifamily dwellings shall list with the police and fire departments the name, address, and telephone number of a person authorized to give access information as is necessary to enable municipal police, fire and rescue personnel to gain entrance to render emergency aid.

(b)

All owners of multifamily dwellings shall post a notice, visible from the exterior of the building, that in case of emergency, entrance to the building may be made by calling the police or fire departments for assistance, which notice shall also furnish the telephone numbers of the departments, and the location of at least two public telephones in the vicinity.

(c)

The building inspector of the town shall be charged with the authority and power to enforce compliance by multifamily dwelling owners. In the event of such noncompliance, the building inspector shall have the authority to revoke or cancel the building permit.

(Code 1972, § 6-15)

Sec. 9-4. - Outdoor lighting restricted.#

Because lighting, by intensity and frequency, can be a safety hazard, and lighting which varies in intensity, whether intermittent or constant, can be a public nuisance, the following shall apply: All exterior lighting shall be so shaded, shielded or directed, or shall be maintained at a sufficiently low level of intensity and brightness, that it will not adversely affect neighboring premises nor the safe vision of operators of vehicles moving on public roads and highways. Such light shall be so shaded, shielded or directed that it does not reflect or shine on or into residential structures to an extent that would adversely affect the residents therein. The electrical inspector shall make determinations as to whether exterior lighting complies with this section. The electrical inspector's determination may be appealed to the zoning board of review within ten days' written notice of the electrical inspector's decision.

(Ord. No. 1996-05, § 6-3, 2-28-96; Ord. No. 1997-11, 11-12-97)

Sec. 9-5. - Drainage requirements.#

(a)

Purpose. The purpose of this section is to establish drainage requirements for both new and redeveloped sites in order to minimize damage to public and private property; to reduce local flooding and erosion problems; and to prevent hazardous conditions on public roads and sidewalks, such as ice or flooding.

(b)

Applicability. This section is only applicable in the following areas of special concern:

(1)

Where the slopes in the area of land disturbance are greater than four percent as mapped on the U.S.G.S. Topographic Maps.

(2)

Floodplain and flood hazard area as mapped on the FEMA Flood Insurance Rate Map, as amended.

(3)

Where the proposed finished grade on a lot will change the original grade by an average of two feet and/or alter the natural drainage pattern.

(4)

Where more than 50 percent of a lot is cleared of vegetation.

(c)

Exempt from applicability. The provisions of this section shall not apply where a drainage plan has been approved for a development project or a subdivision in accordance with the subdivision regulations unless the approved drainage is revised; however, individual lots within a subdivision that meet the criteria in subsection (b) must still apply for a drainage review (as explained in subsection (d)).

(d)

Application procedures. In accordance with section R 301.3.1 of the State Building Code, when an application is made for a building permit, the applicant must demonstrate to the satisfaction of the building official that on-site drainage is addressed. Reference is made to the list of "Recommended Best Management Practices for Site Design" which is available for review in the office of the building official.

In accordance with section R-110 of the State Building Code, the building official may require submission of a site development drainage plan, prepared by a registered professional engineer. If such a plan is required, the building official has the discretion to set the scope for the plan contents which may include any or all of the following: (1)

Existing topographic conditions and proposed grading;

(2)

An estimate of the runoff prior to development with the assumption that the land is in good hydrologic condition with good cover regardless of the conditions existing at the time of computation;

(3)

An estimate of the post development runoff based on a ten-year storm; and,

(4)

A proposed drainage design so there is no net increase in runoff from the development, or as close to no net increase as reasonably feasible.

(5)

Location, size, and height of soil and/or fill storage piles, with date by which such pile shall be removed.

(6)

Method(s) to prevent soil erosion caused by wind and/or water (e.g. hay or tarp cover over all exposed soil, including piles; hay bales or silt fence around extent of site).

(e)

Appeals. An applicant may appeal a decision of the building official to the building code board of appeals.

(Ord. No. 1996-13, §§ 23-1—23-4, 9-18-96; Ord. No. 2000-08, 3-29-00)

Sec. 9-5.1. - Vertical clearance of basement floors.#

It is the intent that new construction be designed such that sump pumps are not necessary; and, if needed, designed and operated without adverse impacts to the town's streets or sanitary sewers.

Therefore, in all new construction, the bottom of the foundation or foundation footing shall be constructed at a minimum elevation of one vertical foot above the maximum seasonal high groundwater table.

The maximum seasonal high groundwater table shall be determined by a licensed Class IV soils evaluator in accordance with Section 25.00 of the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems' in the State of Rhode Island.

The bottom of the foundation or footing shall be defined as "the underside of the foundation or footing at the lowest point of the structure".

An applicant for a building permit shall submit a plan indicating the maximum seasonal high groundwater elevation along with a foundation plan indicating the proposed elevation of the foundation or footing. If the foundation or footing will be below the seasonal high groundwater elevation, then the applicant must provide a plan to demonstrate how they will remove the groundwater from the basement, subject to the review and approval of the director of the DPW.

(Ord. No. 2008-13, 7-9-08)

Secs. 9-6—9-35. - Reserved.#

ARTICLE II. - UNSAFE BUILDINGS#

Sec. 9-36. - Requirements as to unsafe, etc., buildings generally.#

All buildings or other structures in the town shall be in conformance with the provisions of G.L. 1956, § 23-27.3-124 et seq.

Secs. 9-37—9-75. - Reserved.#

ARTICLE III. - BUILDING NUMBERING#

Footnotes:

--- (2) --- Cross reference— Streets, sidewalks and other public places, ch. 25.

Sec. 9-76. - Requirement.#

Every record owner of a building abutting a street in the town shall affix to the building its assigned number as established by the town.

(Code 1972, § 6-16)

Sec. 9-77. - Notification.#

If any number so assigned is subsequently changed, the town shall notify in writing, within a reasonable time after the new number is established, every such record owner of the building of the new number to be affixed in accordance with this article. Every owner shall have 30 days from the time of notification to affix such new number.

(Code 1972, § 6-17)

Sec. 9-78. - New structures.#

Whenever any new structure shall be erected or located in the town, it shall be the duty of the record owner of such building to procure the correct number of the building and to affix the number so assigned upon the building. An owner must affix the number prior to the building inspector's final inspection of the premises.

(Code 1972, § 6-18)

Sec. 9-79. - Placement.#

All numbers affixed to a building shall be conspicuously placed near the main entrance to the premises and be plainly visible from the street on which the property abuts. Numbers shall not be less than four inches in height and shall be in contrasting color to the building. Where buildings are set back from the street so that the number affixed or inscribed thereon cannot be seen from the street due to the distance involved, the number shall be affixed upon a gate post, fence, post, tree or other suitable place near the street so as to be clearly discernible from the street.

(Code 1972, § 6-19)

Sec. 9-80. - Unofficial numbers prohibited.#

No number other than the number established by the town shall be affixed by the record owner to any building in the town.

(Code 1972, § 6-20)

Sec. 9-81. - Penalty.#

Every owner of record violating any provision of this article shall be fined in accordance with the provisions of G.L. 1956, § 23-27.3-1 et seq.

Secs. 9-82—9-110. - Reserved.#

ARTICLE IV. - ELECTRICITY#

DIVISION 1. - GENERALLY#

Sec. 9-111. - Electrical inspector.#

(a)

The town administrator shall appoint an electrical inspector whose duties it shall be to enforce the provisions of this article.

(b)

No person shall be appointed an electrical inspector unless he is qualified and certified by the state board of examiners of electricians as a holder of a class A or B license and certified by the state building code commission.

(Code 1972, § 7-1)

Sec. 9-112. - Requirements for electrical installations.#

All installations of electrical equipment shall be in conformity with the provisions of this chapter, with the statutes of the state and with any orders, rules and regulations issued by authority thereof and with generally recognized standards for safety of persons and property. Where no specific standards are prescribed by this article, by the statutes of the state or by any order, rule or regulation issued by authority thereof, conformity with the provisions of the latest edition of the National Electrical Code, including all supplements and official interpretations, shall be the standards of the town. Copies of such codes, supplements and interpretations shall be kept in the office of the electrical inspector for use by the public.

(Code 1972, § 7-2)

Sec. 9-113. - Certification of electricians.#

It shall be unlawful for any person to engage in the business of installing electrical wiring or electrical apparatus for heat, light or power in the town until such person shall have appeared before the board of examiners of the state, paid the fee required, been examined and received the certificate of qualification required in this article, and no firm or corporation shall continue to conduct such business after the member or bona fide employee of such firm or corporation holding a certificate of qualification, as provided in this article, shall have ceased his connection with such firm or corporation, but the firm or corporation may appoint another member of such firm or corporation or another bona fide employee, and make application for examination upon payment of an examination fee.

(Code 1972, § 7-3)

Sec. 9-114. - Correction of dangerous installations.#

Within 24 hours after receiving information of any electrical construction, wiring or apparatus alleged to be dangerous to person or property, the electrical inspector shall inspect such construction, wiring or apparatus; and if found to be dangerous, he shall cause the current to be cut off, or otherwise cause such construction, wiring or apparatus to be put in such safe condition as he shall prescribe.

(Code 1972, § 7-12)

Sec. 9-115. - Inspections generally.#

The electrical inspector shall be notified in writing by the person doing the work, first when roughing-in work is completed, and again when the entire work is completed; in both cases within 48 hours after completion of the work. After receipt of the notice, the inspector shall inspect the work and if the work conforms in all respects with the provisions of this article, he shall attach a notice of approval, in a conspicuous place, on the premises.

(Code 1972, § 7-13)

Sec. 9-116. - Concealing wiring prior to inspection.#

It shall be unlawful for any person to cover or in any other manner conceal any electrical wire, conduits or raceways intended for the installation of electrical wires or apparatus until they shall have been inspected and approved by the electrical inspector or any assistant appointed by him to inspect the work.

(Code 1972, § 7-14)

Sec. 9-117. - Right of entry of inspectors.#

The electrical inspector and his assistants shall have the right to enter any building, public or private; any manhole or subway; or to climb any pole on private property, at any reasonable hour and shall have access at any time to all theaters, auditoriums, moving picture booths and projection rooms for the purpose of inspecting old electrical wiring and appliances to be made to conform to the provisions of this Code.

(Code 1972, § 7-15)

Sec. 9-118. - Authority of inspector to cut off current.#

In case of failure to comply with the provisions of this article, the electrical inspector shall have the authority to cut off lights or current in or on premises affected by such failure, after notice, and shall have authority to enforce a discontinuance of such lights or current until the requirements of this article have been complied with. In the case of fire or other emergency, the electrical inspector shall have the right to authorize the utility company to cut off lights or current in or on premises affected thereby without notice.

(Code 1972, § 7-16)

Sec. 9-119. - Report of accidents.#

In the event of any faulty electric wires or apparatus, causing fire or other injury to property or persons, the company that furnishes the current must report the accident to the electrical inspector immediately upon receiving any knowledge of the accident.

(Code 1972, § 7-17)

Sec. 9-120. - Permission for temporary use of current.#

During the construction or alteration of any building, or when an urgent necessity is shown to exist, the electrical inspector may grant temporary permission for the use of electric current through any electrical wiring or installation, for a period to be specified by him; provided, that in his opinion such wiring or installation is in such condition that electric current may be used therein without danger to life or property. At the expiration of the period for which such temporary permission, or any extension thereof, is granted, such use shall cease, and such wiring or installation shall be disconnected from the supply.

(Code 1972, § 7-18)

Sec. 9-121. - Penalties for violation of article.#

Any person violating any of the provisions of this article, or any regulation prescribed by the electrical inspector, or interfering with or obstructing the electrical inspector in the performance of any duty thereunder or failing or refusing to conform to any of the requirements thereof, or failing to comply with any order of the electrical inspector, shall be punishable in accordance with the provisions of G.L. 1956, § 5-6-28.

(Code 1972, § 7-27)

Secs. 9-122—9-150. - Reserved.#

DIVISION 2. - PERMIT#

Sec. 9-151. - Required; application.#

No person shall, without first obtaining a permit therefor in accordance with the fee schedule in section 11-1, install any heat, light or power wiring, or fixture, apparatus or fittings used thereon. Application for such permits shall be made in writing to the electrical inspector upon forms furnished by the electrical inspector.

(Code 1972, § 7-4)

Sec. 9-152. - Fees.#

The schedule of fees as contained in section 11-1 shall apply to any type of electrical installation or electrical repair done in the confines of the town.

(Code 1972, § 7-5)

Sec. 9-153. - Building permit required.#

No person shall obtain a permit as required by this article until he shall exhibit to the electrical inspector a building permit as required by the town, if the work is in conjunction with new construction, alterations or repairs.

(Code 1972, § 7-6)

Sec. 9-154. - Issuance of sign or placard.#

Whenever the electrical inspector shall issue any permit for any work, he shall at the same time issue to the person obtaining such permit a sign or placard of such size and design as may be prescribed by the electrical inspector, on which shall be shown the work and location thereof for which such a permit is issued; and the person doing such shall keep such sign or placard displayed on the outside of the building or on the premises where such work is authorized to be performed at a place thereon such sign or placard will be visible from the street or road adjacent to such building or premises, at all times from the commencement of such work until the completion thereof.

(Code 1972, § 7-7)

Sec. 9-155. - Application for meter locations.#

It will still be necessary to apply to the Narragansett Electric Company for meter locations, but the company will not connect or disconnect any service without the proper authorization from the division of electrical inspection of this town.

(Code 1972, § 7-8)

Sec. 9-156. - Submission of plans.#

It will be necessary on all permit applications with an estimated expenditure of $500.00 or more to submit a plan showing complete electrical installation and layout.

(Code 1972, § 7-9)

Sec. 9-157. - Obtaining forms or information.#

All necessary forms or additional information concerning permits may be obtained at the office of the division of electrical inspection in the town hall.

(Code 1972, § 7-10)

Sec. 9-158. - Suspension or revocation of certificates or permits; reports of violations to state.#

The electrical inspector shall have the power to suspend or revoke any certificate or permit issued under the provisions of this article for a violation of any of the terms, conditions or requirements of this article, or for failure to do electrical work in a first class workmanlike manner and for failure to correct any defect in workmanship; it being further provided that such action shall be reported to the state board of examiners of electricians in accordance with G.L. 1956, § 5-6-25.

(Code 1972, § 7-11)