Chapter 6 - BUILDINGS AND BUILDING REGULATIONS

Footnotes:

--- (1) --- Charter reference— Department of building inspection, art. XIII.

Cross reference— Environment, ch. 12; fire prevention and protection, ch. 14; land subdivision, ch. 15; planning board, ch. 17; redevelopment agency, ch. 19; solid waste, ch. 22; streets, sidewalks and other public places, ch. 24; waterways, ch. 28; zoning, ch. 30.

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

Sec. 6-1. - Department of building inspection; building official.#

(a)

Department of building inspection.

(1)

Established. There shall be a department of building inspection.

(2)

Appointment of building official. The town manager shall appoint the building official in accordance with the provisions of G.L. 1956, § 23-27.3-100.0 et seq. The building official shall serve at the pleasure of the appointing authority.

(3)

Enforcement authority. It shall be the responsibility of the building official to enforce the provisions of the state building code pursuant to the provisions of G.L. 1956, § 23-27.3-100.0 et seq.

(4)

Inspections. The town shall have the following inspectors to assist the building official:

a.

Electrical inspector.

b.

Mechanical inspector.

c.

Plumbing inspector.

(5)

Appointment of inspectors. The town manager shall appoint the inspectors pursuant to the general laws of the state.

(6)

Qualifications of inspectors. Inspectors shall meet the qualifications set forth in G.L. 1956, § 23-27.3-100.0 et seq.

(7)

Duties of inspectors. The inspectors shall assist the building official in the performance of his duties and in the enforcement of the state building code.

(8)

Waiver of required inspectors. The town council may waive the requirement to have any of the inspectors required pursuant to subsection (a)(4) of this section or approve one individual performing multiple inspections.

(b)

Powers and duties of building official. The building official shall issue and revoke building permits and enforce the provisions of the state building code and any subsequent amendments. He shall record all violations, which shall be reported to the town solicitor, who shall institute appropriate action to prevent, enjoin, abate or remove such violations.

(Ord. of 10-26-1994, § 7-1)

Sec. 6-2. - Building permit.#

(a)

Permit required. It shall be unlawful to construct, enlarge, alter, remove or demolish a building, or change the occupancy of a building from one use group as defined in the state building code to another, or to install or alter any equipment for which provision is made or the installation of which is regulated by said building code, without first filing an application with the building official in writing and obtaining the required permit therefor.

(b)

Application. Any owner, or agent of the owner, contemplating any of the above work regulated by the building code, shall make application for a permit, on the proper forms in the office of the building official. No permit shall be issued for new construction, alteration, removal, demolition or other building operation until the application has been received and approved by the building official. The application shall be accompanied by the required fees as set forth in subsection (f) hereunder. All fees are payable to the town and shall be transmitted by the building official to the town treasurer.

(c)

Expiration of permit. Any permit issued shall become invalid unless the work authorized by it shall have been commenced within six months after it's issuance, or if the work authorized by the permit is suspended or abandoned, for a period of six months after the time the work is commenced; provided that, for cause, an extension of time for a period not exceeding 90 days has not been granted. All extensions must be in writing and signed by the building official. For purposes of this section, any permit issued shall not be considered invalid if the suspension or abandonment is due to a court order prohibiting the work as authorized by the permit.

(d)

Report to assessors. The building official shall give to the town tax assessor written notice of the granting of permits for the construction of any buildings, or for the removal or demolition or for any substantial alteration thereto. The notice shall be given within 30 days after the granting of each permit and shall state the name of the person to whom the permit was granted and the location of the building to be constructed, altered, demolished or removed.

(e)

Revocation of permits. The building official may revoke any permit or approval issued under the provisions of this code in the event that the granting of the permit or approval was based upon statements which prove to be false or based on misrepresentation of fact. The revocation of a permit shall be made by the building official to the applicant in writing, by certified mail, stating the reasons for such action.

(f)

Permit fees.

(1)

Permit fees are based on valuation of construction costs. Total value of the work being permitted is derived from the value of the materials and labor necessary to complete the project. Valuation for building permit fees for residential construction are based on the following:

One- and two-family dwelling/addition, per sq./ft. .....$70.00

Finished basement, per sq./ft. .....40.00

Enclosed porches/three-season room, per sq./ft. .....30.00

Uncovered decks, per sq./ft. .....12.00

Porches, per sq./ft. .....15.00

Unfinished basement/storage, per sq./ft. .....12.00

Garages, per sq./ft. .....35.00

Sheds/accessory structures, per sq./ft. .....15.00

Installations: (flat fee, as follows)

Re-roofing residence/accessory structure, flat fee .....60.00

Re-siding residence/accessory structure, flat fee .....60.00

Swimming pools (in-ground), flat fee .....125.00

Swimming pools (above-ground), flat fee .....75.00

Fencing, flat fee .....25.00

Demolition: (flat fee, as follows)

Residence, flat fee .....50.00

Accessory structure, flat fee .....25.00

Relocation: (flat fee, as follows)

Residence (same lot), flat fee .....50.00

Residence (to new lot), flat fee .....100.00

Accessory structure, flat fee .....25.00

(2)

Valuation for building permit fees for commercial construction are based on the following:

Commercial/industrial structures:

Up to 25,000 sq./ft., per sq./ft. .....$50.00

25,001 to 50,000 sq./ft., per sq./ft. .....60.00

In excess of 50,000 sq./ft., per sq./ft. .....100.00

Reconstruction of existing space, per sq./ft. .....20.00

Demolition: (flat fee, as follows)

Up to 25,000 cu./ft., flat fee .....50.00

25,001 to 100,000 cu./ft., flat fee .....100.00

Greater than 100,000 cu./ft., flat fee .....200.00 Valuation Fee

$0 to $1,000.00 $25.00

$1,001.00 to $10,000.00 $25.00 plus additional $10.00 per

thousand or portion thereof.

$10,001.00 to $100,000.00 $115.00 plus additional $7.00 per

thousand or portion thereof.

$100,001.00 to $500.000.00 $745.00 plus additional $5.00 per

thousand or portion thereof.

$500,001.00 and above $2,745.00 plus additional $3.00 per

thousand or portion thereof.

(3)

Plumbing permit fees:

Valuation Fee

$0 to $1,000.00 $25.00

$1,001.00 and above $25.00 plus additional $10.00 per

thousand or portion thereof.

(4)

Mechanical permit fees:

Same schedule as plumbing permit fees

(5)

Electrical permit fees:

Same schedule as plumbing permit fees

(6)

Demolition permit fees:

Same schedule as building permit fees

(7)

Certificate of use and occupancy:

$30.00 flat fee

(8)

Re-inspection fees:

$30.00 flat fee

(9)

Radon fees:

Per R.I.G.L. as amended

(10)

C.E./A.D.A. fees:

Per R.I.G.L. as amended

(g)

Late filing fees. In the event that an owner, or agent of the owner, files an application for a required permit after work has commenced on the project, an administrative fee equal to the cost of the applicable fee for the same may be applied to cover the administrative costs incurred in bringing the project into compliance with Chapter 6 of the revised general ordinance of the Town of Burrillville.

(Ord. of 3-11-2009(1))

Sec. 6-3. - Conformance with zoning regulations.#

Any structure erected, repaired, altered, moved or demolished under the provisions of the state building code shall also conform to all provisions of the town zoning ordinance.

(Code 1972, § 7-4)

Sec. 6-4. - Excavations.#

Any excavation shall be properly protected and guarded in a manner which will not present any danger to persons or property. Where an excavation lies within five feet of the line of a public right-of-way, it shall be enclosed within a fence at least four feet in height and shall be suitably lighted during the dark hours.

(Code 1972, § 7-6.1)

Sec. 6-5. - Public right-of-way.#

No person shall store building materials, machinery or construction vehicles within a public right-of-way without the prior written approval of the building official. Where staging or other apparatus or material is to be stored or erected within a public right-of-way, suitable barriers and lighting shall be provided, together with an alternate pedestrian walkway so as to eliminate any danger to the public safety.

(Code 1972, § 7-6.2)

Sec. 6-6. - Removal of rubbish, discarded material.#

No later than ten days after completion of a building or work upon a building or at such other time as may be required by the building official, all rubbish and other discarded material shall be removed from the premises by the applicant or his agent. Failure to do so shall subject the applicant to a charge of violation of this chapter and result in the removal of such rubbish and material by the town at the expense of the applicant.

(Code 1972, § 7-6.3)