The text
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)