Chapter 10 - BUILDINGS AND BUILDING REGULATIONS

Footnotes:

--- (1) --- Charter reference— Building inspection, art. 8, ch. 4.

Cross reference— Environment, ch. 22; fire prevention and protection, ch. 26; historic preservation, ch. 30; housing, ch. 34; solid waste, ch. 62; streets, sidewalks and other public places, ch. 66; utilities, ch. 78; main and building sewer connections, § 78-321 et seq.; waterways, ch. 82; zoning, app. A; building permits for zoning, app. A, § 25.1; subdivision and land development regulations, app. B; construction methods and specifications for zoning, app. B, § XIV.

State Law reference— State Building Code, G.L. 1956, § 23-27.3-1 et seq.; inspection of buildings where combustible materials accumulate, G.L. 1956, § 23-28.5-1 et seq.; notice to vacate unfit dwellings, G.L. 1956, § 23-19.2-8; housing maintenance and occupancy code, G.L. 1956, § 45-21.3-1 et seq.; minimum housing standards, G.L. 1956, § 45-24.2-1 et seq.; plumbers, G.L. 1956, § 5-20-1 et seq.; electricians, G.L. 1956, § 5-6-1 et seq.; electrical code, G.L. 1956, § 23-27.3-5; plumbing code, G.L. 1956, § 23-27.3-3.

ARTICLE I. - IN GENERAL#

Sec. 10-1. - Building code.#

The town building code is the state building code adopted pursuant to G.L. 1956, § 23-27.3-1 et seq.

(Code 1986, § 5-1)

Sec. 10-2. - Local building code appeals board.#

(a)

The five regular members and two alternates of the zoning board of review, in addition to all other duties assigned either by law or ordinance shall constitute the local building code appeals board for the town.

(b)

The board established in this section shall constitute the board of appeals provided in the state building code.

(c)

The board established in this section shall continue in existence and shall constitute the local board of appeals under G.L. 1956, § 23-27.3-127.2.

(Code 1986, § 5-2)

Cross reference— Boards, commissions and committees, § 2-71 et seq.

State Law reference— Local building code appeals board, G.L. 1956, § 23-27.3-127.2; qualifications, G.L. 1956, § 23-27.3-127.104.

Sec. 10-3. - Electrical inspector.#

(a)

Appointed; salary. The town manager shall appoint an electrical inspector to serve at the pleasure of the town manager. The electrical inspector shall receive such remuneration for his services as the town council shall determine.

(b)

Duties. It shall be the duty of the electrical inspector to inspect all electrical work done in the town to determine if such electrical work complies with the provisions of the National Electrical Code. Inspections shall be performed under the direction of the town manager under rules promulgated by the town manager.

(c)

Outside employment. The electrical inspector shall not engage in the business of being an electrician in the town while he is electrical inspector.

(Code 1986, §§ 5-3—5-5)

Cross reference— Officers and employees, § 2-201 et seq.; utilities, ch. 78.

State Law reference— Electrical inspectors, G.L. 1956, § 23-27.3-107.1.1.

Sec. 10-4. - Construction activities prohibited during certain hours; exceptions.#

(a)

It shall be unlawful to engage in or conduct any activity in the construction of any building or structure, or in the installation of any utilities, or in the installation of any roads or driveways, which prohibition shall also include the making of an excavation, the clearing of land, and the loading or unloading of materials, equipment or supplies, within the town except between the hours of 7:00 a.m. and 9:00 p.m. on any day of the week.

(b)

This section shall not be construed to prevent work which may be necessary to prevent injury to persons or property at any time.

(c)

When an applicant can prove that the public welfare will be enhanced by the issuance of a permit to perform work at hours other than those specified in subsection (a) of this section, the department of community development shall have the right to issue a permit to perform such work upon such terms and conditions as the department may determine to be reasonable and appropriate. The application shall state the name and address of the applicant, the location of the proposed work, the reason for seeking the permit, and the estimated time required to perform the proposed work.

(Ch. 581, §§ 1—3, 8-17-1987; Code 1986, § 5-6)

Secs. 10-5—10-20. - Reserved.#

ARTICLE II. - PERMIT#

Footnotes:

--- (2) --- State Law reference— Permits required, G.L. 1956, § 23-27.3-113.1; fees, G.L. 1956, § 23-27.3-118.0; fee computation, G.L. 1956, § 23-27.3-119.0.

Sec. 10-21. - Permit fees.#

The fee for a building permit for new construction, additions, alterations and other construction shall be as follows: Valuation Limit Fees

$1.00 $10,000.00 $9.00 per $1,000.00

$10,001.00 $50,000.00 $90.00 plus $7.00 per $1,000.00 exceeding $10k

$50,001.00 No limit $370.00 plus $5.00 per $1,000.00 exceeding $50k

NOTE: $65.00 MINIMUM FEE

No permit shall be issued unless the estimated valuation is reasonably within unit rates for costs of buildings as classified and defined in the state building code. The building official may require a sworn statement from the applicant setting forth the actual cost of the building before any such permit shall be granted.

(Code 1986, §§ 5-16, 5-17; Ch. 861, § 1, 7-5-2005; Ch. 919, § 1, 8-3-2009; Ch. 1144, § 1, 4-6-2026)

Sec. 10-22. - Moving of buildings.#

The fee for a permit to move a building shall be $0.20 per $100.00 of the estimated cost of moving, plus the cost of new foundations and all work necessary to place the building or structure in its completed condition in the new location.

(Code 1986, § 5-18; Ch. 861, § 1, 7-5-2005)

Cross reference— Streets, sidewalks and other public places, ch. 66.

Sec. 10-23. - Demolition.#

The fee for a permit for demolition of a structure shall be $200.00.

(Code 1986, § 5-19; Ch. 861, § 1, 7-5-2005; Ch. 919, § 2, 8-3-2009; Ch. 1144, § 1, 4-6-2026)

Sec. 10-24. - Plumbing work.#

The fees for a permit to perform plumbing work shall be as follows: Valuation Limit Fees

$1.00 $10,000.00 $9.00 per $1,000.00

$10,001.00 $50,000.00 $90.00 plus $7.00 per $1,000.00 exceeding $10k

$50,001.00 No limit $370.00 plus $5.00 per $1,000.00 exceeding $50k

NOTE: $65.00 MINIMUM FEE

(Code 1986, § 5-21; Ch. 861, § 1, 7-5-2005; Ch. 1144, § 1, 4-6-2026)

Cross reference— Utilities, ch. 78.

Sec. 10-25. - Electrical work.#

The fees for a permit to perform electrical work shall be as follows: Valuation Limit Fees

$1.00 $10,000.00 $9.00 per $1,000.00

$10,001.00 $50,000.00 $90.00 plus $7.00 per $1,000.00 exceeding $10k

$50,001.00 No limit $370.00 plus $5.00 per $1,000.00 exceeding $50k

NOTE: $65.00 MINIMUM FEE

(Code 1986, § 5-22; Ch. 861, § 1, 7-5-2005; Ch. 919, § 3, 8-3-2009; Ch. 1144, § 1, 4-6-2026)

Cross reference— Utilities, ch. 78.

Sec. 10-26. - Mechanical work.#

The fees for a permit to perform mechanical work shall be as follows: Valuation Limit Fees

$1.00 $10,000.00 $9.00 per $1,000.00

$10,001.00 $50,000.00 $90.00 plus $7.00 per $1,000.00 exceeding $10k

$50,001.00 No limit $370.00 plus $5.00 per $1,000.00 exceeding $50k

NOTE: $65.00 MINIMUM FEE

(Code 1986, § 5-23; Ch. 861, § 1, 7-5-2005; Ch. 919, § 4, 8-3-2009; Ch. 1144, § 1, 4-6-2026)

Sec. 10-27. - Certificate of occupancy.#

Fee is included in the permit fee.

(Code 1986, § 5-24; Ch. 861, § 1, 7-5-2005; Ch. 919, § 5, 8-3-2009; Ch. 1144, § 1, 4-6-2026)

Sec. 10-28. - Reinspection fee.#

There shall be a fee of $50.00 assessed for each reinspection of construction work, electrical work, plumbing work or mechanical work where the need for the reinspection is caused by the failure of the permittee to comply with the provisions of the building code or the permit issued by the building official. The reinspection fee shall be paid prior to any reinspection being conducted by the building official's office.

(Code 1986, § 5-26; Ch. 861, § 1, 7-5-2005; Ch. 1144, § 1, 4-6-2026)

Sec. 10-29. - Plan review fee.#

Plan review fee is included in the permit fee.

(Code 1986, § 5-27; Ord. No. 997, § 1, 5-5-2014; Ch. 1144, § 1, 4-6-2026)

Sec. 10-30. - Unauthorized building construction.#

The fee for obtaining a building, electrical, mechanical or plumbing permit, when work has been ordered ceased by the building official for failure to obtain the required permit prior to commencement of the activity, shall be $500.00 for first violation and $1,000.00 for any subsequent violation in addition to the usual prescribed fee. All fees shall be paid in full prior to commencing construction.

(Code 1986, § 5-28; Ch. 1144, § 1, 4-6-2026)

Sec. 10-31. - Taxes and assessments.#

No building permit will be issued to any applicant where taxes, assessments, user fees or fines on the subject property are past due.

(Code 1986, § 5-29)

Sec. 10-32. - Plan review fees (fire safety).#

Every request for plan review, by the town fire marshal's office under provisions of the state fire safety code, shall be accompanied by the fee prescribed in Chapter 26, Article II (Fire Code and Regulations) of this Code of Ordinances.

(Ch. 861, § 2, 7-5-2005; Ch. 1081, § 1, 10-19-2020)

Secs. 10-33—10-50. - Reserved.#

ARTICLE III. - NUMBERING#

Sec. 10-51. - Display of numbers required.#

All buildings within the town shall display street numbers in accordance with the provisions of this article.

(Code 1986, § 5-36)

Sec. 10-52. - Assignment of numbers.#

The fire chief or designee shall assign numbers to all new construction as it occurs and keep records of the numbers so assigned.

(Code 1986, § 5-37)

Sec. 10-53. - Numbering system.#

The numbering of buildings shall be according to the following system: (1)

One number shall be allowed for each 20 feet of street or highway frontage.

(2)

Odd numbers shall be assigned to the east and north sides and even numbers to the west and south sides of streets and highways located north of Ouida Street.

(3)

Odd numbers shall be assigned to the west and north sides and even numbers to the east and south sides of streets and highways located south of Ouida Street.

(4)

Numbers shall commence on the east and ascend to the west on east-west streets and shall commence at Ouida Street and ascend to the north and to the south on north-south streets.

(Code 1986, § 5-38)

Sec. 10-54. - Location; size of numbers.#

The numbers shall be placed immediately above the door or gate of the entrances to all buildings. Where entrances to buildings are not plainly visible from the street or highway, the corresponding building numbers shall be displayed on the front of the building or upon any convenient placard on the front of the lot. All numerals shall be placed upon a contrasting background, shall be uniform in height and width, and shall be at least three inches in height and corresponding width.

(Code 1986, § 5-39)

Sec. 10-55. - Display of other numbers.#

No owner, occupant, lessee, tenant or subtenant of any building shall display any number other than the proper number designated by the building official for that building.

(Code 1986, § 5-40)

Secs. 10-56—10-75. - Reserved.#

ARTICLE IV. - MOVING BUILDINGS#

Footnotes:

--- (3) --- Cross reference— Streets, sidewalks and other public places, ch. 66.

State Law reference— Moving buildings, G.L. 1956, §§ 23-27.3-116.0—23-27.3-116.9.

Sec. 10-76. - Application; contents.#

(a)

Every person desiring to move a building over any of the highways within the town shall make application to the town council in writing for permission therefor, which application shall state the length, width and height of the building; the place from which and to which the building is to be moved; the route by which the building is to be carried shall be approved, in advance, by the chief of police; and the time required for such removal.

(b)

The application must be accompanied by a temporary building permit issued by the building inspector certifying that the building in its new location will comply with the town zoning ordinance, the state building code, the state fire code and all other pertinent local and state regulations.

(c)

No tree shall be cut except by the consent of the tree warden, and all damage arising from the removal to the road bed of any highway or to any public or private property of any nature shall be repaired at the expense of the owner of the building.

(Code 1986, § 5-56)

Sec. 10-77. - Lighting.#

Whenever any building or section of any building shall remain in or upon a highway at night, the person moving the building or the owner of the building shall keep a good and sufficient light at each end of the building.

(Code 1986, § 5-57)

Sec. 10-78. - Bond.#

All applications shall be accompanied by a bond; the amount shall be fixed by the building official with surety satisfactory to the building official, conditioned to comply with the provisions and conditions of this article.

(Code 1986, § 5-58)

State Law reference— Bonds and liability insurance, G.L. 1956, § 23-27.3-116.8.