Chapter 5 - BUILDINGS AND BUILDING REGULATIONS

Footnotes:

--- (1) --- Cross reference— Conservation commission created to promote and develop natural resources, natural aesthetic areas, open areas, streams, shores, etc., § 2-66 et seq.; planning commission created, § 2-111 et seq.; animals, Ch. 4; fire prevention and protection, Ch. 6; historic preservation, Ch. 7; mobile homes and mobile home parks and camping areas, Ch. 9; mobile homes or trailer coaches must meet building code requirements, § 9-72; nuisances, Ch. 10; solid waste, Ch. 16; streets, sidewalks and other public places, Ch. 17; placing building materials in streets restricted, § 17-39; excavations in public streets and highways, § 17-111; zoning, App. A; sign regulations, App. A, Art. III.

State Law reference— State building code, G.L. 1956, § 23-27.3-100.1 et seq.

ARTICLE I. - IN GENERAL#

Sec. 5-1. - Adoption of building code.#

There is hereby adopted by the town for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the Rhode Island State Building Code, being particularly the August 1, 1984, edition thereof and the whole thereof, as enacted pursuant to Title 23, Chapter 27.3 of the Rhode Island General Laws, which may be amended from time to time, save and except such portions as are hereinafter deleted, modified or amended, as permitted, of which not less than three (3) copies have been and now are filed in the office of the town clerk and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the town.

(Ch. 79, § 1, 1-21-86)

Sec. 5-2. - Amendments to code.#

The building code adopted by the provisions of this chapter is amended in the following respects:

Article 1. Nothing in this ordinance shall be construed to prevent the restoration of existing colonial structures and other buildings within the town.

Article 2. Plastic pipe for hot and cold water service and waste lines shall conform to current U.S. Government commercial standards and be installed in strict accordance with manufacturer's recommendations.

Article 3. Installation of liquid petroleum gas: (a)

All liquid petroleum gas tanks shall be placed on either a platform of cement of suitable thickness, or a platform consisting of twelve (12) inches of crushed stone topped by a noncorrosive, nonrotting platform of suitable thickness to support the tanks, minimizing the effects of frost.

(b)

All liquid petroleum gas tanks will be located no less than three (3) feet from any cellar opening.

Those liquid petroleum gas installations on either trailed or self-propelled campers where there is specifically designed location for the placement of tanks on board the vehicle are exempt from these specifications and regulations.

(c)

All liquid petroleum gas installations will have shutoffs at the appliances.

(d)

All liquid petroleum gas installations will use seamless copper tubing only for the conveyance of gas to the appliance.

(e)

All liquid petroleum gas installations will use flared type of copper tubing fitting.

(Ch. 79, § 14, 1-21-86)

Sec. 5-3. - Building official—Establishment of office.#

(a)

The office of building official is hereby created and the executive official in charge shall be known as the building official.

(b)

The building official shall be appointed by the town council. The appointment shall continue during good behavior and satisfactory service. The building official shall not be removed from office except for cause after full opportunity has been given him to be heard on specific charges.

(c)

During temporary absence or disability of the building official, the appointing authority shall designate an alternate building official who shall meet the same qualifications as the building official.

(d)

The town council may appoint local inspectors, such as electrical, plumbing, and mechanical inspectors, to assist the building official in the performance of his duties and the enforcement of the building code.

(Ch. 79, § 2, 1-21-86)

Cross reference— Officers and employees, § 2-136 et seq.; personnel, Ch. 13.

Sec. 5-4. - Same—Qualifications.#

To be eligible to appointment, the candidate for the position of building official shall meet the qualifications mandated by G.L. 1956, § 23-27.3-107.5.

(Ch. 79, § 3, 1-21-86)

Cross reference— Personnel, Ch. 13.

Sec. 5-5. - Same—Duties.#

In addition to the duties prescribed by the building code: (1)

The building official shall receive applications required by the state building code, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. He shall enforce all provisions of the building code. He shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the building code and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he shall issue such notices or orders as may be necessary.

(2)

Inspections required under the provisions of the building code shall be made by the building official or his duly appointed assistant. The building official may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the building code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.

(3)

The building official shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of required plans and all documents relating to building work so long as any part of the building or structure to which they relate may be in existence.

(4)

All such records shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the building official without his written consent.

(5)

The building official shall make written reports to his immediate superior once each month, or more often if requested, including statements of permits and certificates issued and orders promulgated.

(Ch. 79, § 4, 1-21-86)

Sec. 5-6. - Same—Liability.#

The building official, or any employee charged with the enforcement of this code, acting in good faith and without malice for the town in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act of omission in the discharge of his duties. Any suit brought against the building official or employee, because of such act or omission performed by him in the enforcement of any provisions of this code, shall be defended by the legal department of the town until final termination of the proceedings.

(Ch. 79, § 5, 1-21-86)

Sec. 5-7. - Cooperation of other officials.#

The building official may request and shall receive so far as may be necessary, in the discharge of his duties, the assistance and cooperation of other officials of the town.

(Ch. 79, § 6, 1-21-86)

Sec. 5-8. - Right of entry.#

The building official, in the discharge of his official duties, and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour.

(Ch. 79, § 7, 1-21-86)

Sec. 5-9. - Zoning approval required.#

No building permit may be issued for any building or structure that involves a change in use or dimensional regulations without first obtaining any required zoning permit or where the existing building or structure is in violation of the zoning ordinance until such violation is abated.

(Ch. 79, § 8, 1-21-86)

Cross reference— Zoning, App. A.

Sec. 5-10. - Plans and specifications.#

The application for a building permit shall be accompanied by two (2) copies of plans and specifications prepared in accordance with building code requirements. Plans and specifications may also be required by the building official to accompany mechanical, electrical, and plumbing applications. The building official may waive the requirement for filing plans when the work involved is of a minor nature. The building official shall stamp and endorse in writing the plans and specifications submitted once they are approved for construction. At least one (1) set of approved plans shall be kept by the building official and one (1) set of approved plans shall be kept at the building site.

(Ch. 79, § 9, 1-21-86)

Sec. 5-11. - Fees.#

(a)

No permit as required by the building code shall be issued until the fee prescribed in this section shall have been paid; nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure, shall have been paid.

(b)

For a permit for the new construction or alteration of a building or structure, the value of said building or structures for the purposes of setting the fee required under this section shall be calculated as follows:

$75.00 per square foot for the first, second and third floor.

$30.00 per square foot for barns and garages.

$45.00 per square foot for unfinished floor area.

$45.00 per square foot when unfinished floor area is finished.

$14.00 per square foot for sheds.

$14.00 per square foot for foundations only.

(c)

For a permit for the new construction or alteration of a building or structure, the fee payable, shall be based on the calculated value of the completed work in subsection (b), above, following this schedule:

Calculated value of completed work per subsection (b) Permit fee

$1.00—1,000.00 $40.00

$1,001.00—10,000.00 $35.00 + $10.00 per thousand or fraction thereof over $1,000.00

$10,001.00—100,000.00 $125.00 + $7.00 per thousand or fraction thereof over $10,000.00

$100,001.00—no limit $755.00 + $6.00 per thousand or fraction thereof over $100,000.00

(d)

For a permit for renovations to existing buildings or structures, the fee payable shall be based upon the following schedule:

Estimated Value of Completed Work as approved by the Building Official Permit Fee

$0.00-500.00 $15.00

501.00—1,000.00 20.00

1,001.00—10,000.00 25.00 + $12.75 per thousand or fraction thereof over $1,000.00

10,001.00—50,000.00 140.00 + $6.25 per thousand or fraction thereof over $10,000.00

50,001.00—100,000.00 390.00 + $5.00 per thousand or fraction thereof over $50,000.00

100,001.00—500,000.00 640.00 + $3.75 per thousand or fraction thereof over $100,000.00

500,001.00—No Limit 2,140.00 + $3.00 per thousand or fraction thereof over $500,000.00

(e)

For a permit for the removal of a building or structure from one (1) lot to another, or to a new location within the same lot, the fee shall be twenty-five dollars ($25.00).

(f)

The permit fee for demolition of residential buildings shall be twenty-five dollars ($25.00).

(g)

The permit fee for the demolition of commercial, industrial, public and other work shall be fifty dollars ($50.00) plus one (1) percent additional for each foot of street frontage of the building or structure in excess of fifty (50) feet.

(h)

For a permit on new construction and additions applicable to the erection, enlargement, alteration, maintenance, repair or removal of any electrical equipment, plumbing equipment or mechanical equipment, or work related thereto, the value of said construction and additions for the purposes of setting the fee required under this section shall be five (5) percent of the value set forth in section 5-11(b), following this schedule:

Calculated value of completed work as approved by the building official Permit fee

$1.00—1,000.00 $40.00

$1,001.00—10,000.00 $35.00 + $10.00 per thousand or fraction thereof over $1,000.00

$10,001.00—100,000.00 $125.00 + $7.00 per thousand or fraction thereof over $10,000.00

$100,001.00—no limit $755.00 + $6.00 per thousand or fraction thereof over $100,000.00

(i)

For a permit for residential renovations applicable to the erection, enlargement, alteration, maintenance, repair or removal of any electrical equipment, plumbing equipment or mechanical equipment, or work related thereto, the fee shall be according to the following schedule:

Estimated value of completed work as approved by the building official Permit fee

$1.00—1,000.00 $45.00 minimum

$1,001.00—5,000.00 $45.00 + $12.00 per thousand over $1,000.00

$5,001.00—25,000.00 $100.00 + $6.25 per thousand over $5,000.00

$25,001.00—50,000.00 $225.00 + $5.00 per thousand over $25,000.00

$50,001.00—no limit $350.00 + $3.75 per thousand over $50,000.00

(j)

For a permit for hotels, motels, commercial and industrial buildings applicable to the erection, enlargement, alteration, maintenance, repair, or removal of any electrical equipment, plumbing equipment, or mechanical equipment, or work related thereto, the fee shall be one and one-half (1½) percent of the estimated value (as approved by the Building Official) of the completed electrical work, plumbing work, or mechanical work with a minimum fee of fifty dollars ($50.00).

(k)

In case of abandonment or discontinuance, the cost of work performed under a permit may be estimated, an adjustment of the fee made and the portion of the fee for uncompleted work returned to the permit holder, provided that no refund of the prescribed minimum fee shall be made. If such discontinuance is due to revocation of permit, a similar adjustment and return may be made; provided, that no refund shall be made until all penalties incurred or imposed by due authority have been collected. After such a refund has been made, no work shall be resumed until a new application has been made and a new permit has been issued.

(l)

The term "estimated cost" as used in this section, means the reasonable value of all services, labor, materials, and use of scaffolding and other appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy; provided that the cost of excavation or grading, and of painting, decorating or other work that is merely for embellishment or not necessary for the safe and lawful use of the building or structure, is not deemed a part of such estimated cost.

(m)

Fee of certificates of occupancy shall be a flat rate of twenty-five dollars ($25.00) per certificate of occupancy issued.

(n)

In case of the need to reinspect a premises in regard to work preformed from any type permit obtained (i.e. building, electrical, plumbing, mechanical) a fee of twenty-five dollars ($25.00) will be attached to the original permit obtained.

(o)

Unauthorized building conditions. It shall be unlawful for any person or entity to engage in any type of construction for which a building permit is required without first having obtained the proper building permits(s). Furthermore, it shall be unlawful for any person or entity that has obtained a building permit to engage in any construction activities in excess of the terms, conditions or the limitations of the building permit that was issued.

Any person or entity found in violation of this section shall be charged a fine of one hundred ($100.00) dollars for each occurrence in addition to the regular prescribed fees.

(Ch. 79, § 10, 1-21-86; Ch. 128, 4-18-94; Ch. 130, 10-4-94; Ch. 136, 8-7-95; Ch. 167, 9-16-02; Ch. 200, § 1, 11-19-07)

Sec. 5-12. - Violations and enforcement.#

(a)

The penalty for any violation of this chapter or for a violation of any terms or conditions of any action imposed by the building official charged with enforcement of any of its provisions, shall be up to five hundred dollars ($500.00) for each violation, and each day of the existence of any violation shall be deemed to be a separate offense. All fines shall be made payable to the Town of Hopkinton.

(b)

In addition to any penalties otherwise applicable for violations of this chapter, the town may bring an action against any person or entity who fails to comply with the requirements of this chapter. Such actions shall be brought, at the election of the town, in the superior court having jurisdiction where the violation occurred or is likely to occur or in the Hopkinton Municipal Court. In any action brought under this provision, the town may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter or to compel compliance with any provision of this chapter and may consolidate an action for injunctive relief and/or an action for fines under this chapter.

(Ch. 204, § 1, 10-15-07)

Secs. 5-13—5-25. - Reserved.#

ARTICLE II. - LIGHTING ORDINANCE#

Sec. 5-26. - Purpose.#

(a)

To preserve the rural integrity of the night sky for astronomy and enjoyment purposes.

(b)

To protect the residents and surrounding environment from the effects of light pollution.

(c)

To promote energy efficient and sustainable lighting practices and luminaires.

(d)

To minimize adverse off-site impacts from new and existing lighting installations.

(e)

To permit reasonable uses of outdoor lighting for safety, security, productivity, commerce and enjoyment.

(Ch. 213, 4-5-10)

Sec. 5-27. - Applicability.#

(a)

New installations. All outdoor lighting installed after the effective date of this ordinance shall conform to the standards set forth herein.

(b)

Existing installations. All outdoor lighting installed prior to the effective date of this ordinance shall be considered grandfathered for a period of ten (10) years, and thereafter must be replaced or retrofitted to bring it into compliance with the applicable standards of this article.

Except for lamp replacement, no grandfathered fixture shall be repaired and/or modified unless the repair and/or modification brings it into compliance.

If a lamp is available which brings a grandfathered fixture into compliance then it shall be used in the next re-lamping of said fixture.

Any fixture which provides a means of aiming or glare control shall be re-aimed or retrofitted to bring it into compliance immediately.

Owners of grandfathered fixtures and installations may be asked to bring them into compliance at any time by the building official if such fixture or installation is found to be a hazard or an obstruction.

(Ch. 213, 4-5-10)

Sec. 5-28. - Exceptions.#

The following are not subject to the provisions of this ordinance: (1)

Lighting equipment required by fire, police safety and emergency personnel.

(2)

Lighting equipment maintained by a local or state authority for the purpose of roadway or parking illumination.

(3)

Temporary holiday lighting displayed from the period between November 24 through January 31 of the following year providing each individual lamp is sixty (60) watts or less.

(4)

Lighting equipment used solely for security purposes providing it is glare controlled and installed with a motion sensor and/or photoelectric switch.

(Ch. 213, 4-5-10)

Sec. 5-29. - General rules for all outdoor lighting.#

(a)

All fixtures used must conform to the provisions of all local, state and federal codes for electrical, energy and building requirements.

(b)

All fixtures that are non-directional and use a lamp or lamps rated at eighteen hundred (1,800) lumens and above are required to be of the fully shielded and/or full cutoff type.

(c)

All fixtures that are non-directional and use a lamp or lamps rated at eighteen hundred (1,800) lumens and above are not allowed to emit any light above ninety (90) degrees vertically measured from on a line from the center of the luminous opening and the ground (See Illustration B 2.).

(d)

All fixtures used for area illumination which are directional in type and mounted to poles, buildings and/or structures, that use a lamp or lamps rated at nine hundred (900) lumens and above must be aimed at the ground at an angle of no more than twenty-five (25) degrees measured from the vertical line between the center of the fixture lamp or aperture and the ground.

(e)

Any lighting rated at a total of more than eighteen hundred (1,800) lumens and all flood or spot lighting rated at a total of more than nine hundred (900) lumens, shall not emit any direct light above a horizontal plane through the lowest direct light emitting part of the luminaire.

(f)

Any lighting rated at a total of more than eighteen hundred (1,800) lumens and all flood or spot lighting rated at a total of more than nine hundred (900) lumens shall be mounted at a height equal to or less than the value 3 + (D/3) where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed fifteen (15) feet (See Illustration A).

(Ch. 213, 4-5-10)

Sec. 5-30. - Temporary outdoor lighting.#

(a)

For purposes of this ordinance, "temporary lighting" shall mean lighting that is or will be in use for less than thirty (30) consecutive days and which is not permanently affixed to any structure or building.

(b)

Any temporary outdoor lighting that conforms to the requirements of this article shall be allowed.

(c)

Nonconforming temporary outdoor lighting may be permitted by the town council by special temporary permit. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the council with a request. A failure of the council to act on a request shall constitute a denial of the request. In granting any permit the council shall consider:

(1)

The public and/or private benefits which will result from the temporary lighting;

(2)

Any annoyance or safety problems that may result from the use of the temporary lighting; and

(3)

The duration of the temporary nonconforming lighting.

(Ch. 213, 4-5-10)

Sec. 5-31. - Waterfront lighting.#

Outdoor lighting in and around the ponds, lakes, rivers and other waters of the town, shall not be installed or maintained so as to create a hazard or nuisance to other property owners and shall comply with the following: (1)

Lights on docks shall be no more than three (3) feet above the dock, shall be downward directed and shall be no more than five hundred fifty (550) lumens or less.

(2)

Lights illuminating paths, stairs, decks, etc. shall not be directed toward the waters and shall be no more than eighteen hundred (1,800) lumens or less.

(3)

All exterior lighting shall be located, mounted and shielded so that direct illumination is not focused toward the water surface more than twenty (20) feet from shore.

(Ch. 213, 4-5-10)

Sec. 5-32. - Architectural and landscape lighting.#

(a)

All fixtures must be aimed and/or shielded to illuminate only the intended target such that no stray light from the luminaire passes above the horizontal plane (See Illustration B).

(b)

Upward aimed façade and building lighting shall not exceed nine hundred (900) lumens per fixture or lamp and should be fully shielded and fully confined from projecting into the sky by eaves, roofs, overhangs or structures and mounted as flush to the illuminated wall as possible.

(c)

All lighting not required for safety and security shall be controlled by either a timer or photoelectric switch to be turned off after 11:00 p.m. local time or a time set at the request of the planning board, zoning board or town council.

(Ch. 213, 4-5-10)

Sec. 5-33. - Canopy and service lighting.#

Outdoor sales and gas station service canopy lighting shall be aimed downward and installed such that the center of the fixture's luminous opening is flush with or recessed into the canopy ceiling. All lighting from the canopy must be substantially confined to the ground area directly beneath the perimeter of the canopy.

(Ch. 213, 4-5-10)

Sec. 5-34. - Light trespass.#

The maximum illumination allowed to penetrate to the point five (5) feet inside an adjacent property line, adjacent residential parcel or adjacent right-of-way shall not exceed .1 horizontal foot candles or .1 vertical foot candles in residential zones and .3 horizontal foot candles or .3 vertical foot candles in a commercial or manufacturing zones. There shall be no direct line of sight to a lamp by an observer from any point on the adjacent property line viewing from a position that is level with or higher than the ground below the fixture.

(Ch. 213, 4-5-10)

Sec. 5-35. - Signage.#

(a)

Lighting used primarily for sign illumination may be mounted at any height to a maximum of fifteen (15) feet.

(b)

Except as otherwise prohibited herein, signs may be illuminated by any fixed steady light source, of such nature and in such manner that the brightness of the sign face does not exceed one hundred (100) lumens per square foot. Except for neon type signs, where permitted, such illumination shall be so arranged that its source is not directly visible from any way, occupied building or abutting property and no illumination shall be of any color that might be confusing to traffic. This paragraph shall also apply to window signs.

(c)

Illuminated signs shall not cause glare distracting to drivers, nor shall they be in such a position or such color as will hamper the readability of traffic lights or traffic signs.

(d)

Signs allowed in conjunction with an allowed residential use or an allowed accessory residential use shall not be illuminated.

(e)

Signs may be illuminated externally by a downward-directed stationary light of white or off-white color.

(f)

Outdoor internally-illuminated signs must either be constructed with an opaque background and translucent text and symbols, or with a colored (not white, off-white, light gray, cream or yellow) background and generally lighter text and symbols. Opaque background signs not only produce the least light pollution (usually by a wide margin), they are also usually the most legible and therefore most effective for conveying information. Internally illuminated signs on after midnight (for example, Emergency Room entrance, other signage for health and safety, police or fire stations) shall be designed with opaque backgrounds and translucent letters and symbols.

(g)

The requirements of this section are intended to be applied in conjunction with the requirements specified in section 27 of chapter 134 of the zoning ordinance as amended by ordinance dated July 21, 1997. To the extent that there are any inconsistencies between this article and section 27 of chapter 134, this article shall control.

(Ch. 213, 4-5-10)

ILLUSTRATION A

Any luminaire with eighteen hundred (1,800) lumen output or less, or any flood type luminaire with nine hundred (900) lumen output or les:

Any fixture with over eighteen hundred (1,800) lumen output or any flood type fixture with more than nine hundred (900) lumen output:

ILLUSTRATION B

1.

Any outdoor light fixture you choose to install that has a light output of eighteen hundred (1,800) lumens or less is OK in any form. Any flood light or spot light you choose to install with a light output of nine hundred (900) lumens or less is OK as long as it isn't pointed to create a nuisance.

SOME EXAMPLES OF LUMINAIRES UNAFFECTED BY THE REVISED OUTDOOR LIGHTING ORDINANCE:

2.

Only new light fixtures with brighter lamps than in #1 must conform to certain shielding and mounting height restrictions.

DIRECT LIGHT is the light you actually can see coming straight from the lamp, off of any type of reflector or reflector diffuser in the luminaire or through any type of refractor, or diffuser of the luminaire.

(Ch. 213, 4-5-10)