The text
Footnotes:
--- (2) --- Editor's note— An ordinance of July 25, 2011, § 5, renamed article II, from building inspector to building official.
Cross reference— Officers and employees, § 2-41 et seq.
Sec. 18-26. - Position created.#
There is hereby created the position of building official who shall be appointed by the town council.
(Code 1967, § 7-2; Ord. of 7-25-11, § 5)
Sec. 18-27. - Enforcement and inspection duties.#
It shall be the duty of the building official to see to the enforcement of all ordinance provisions relating to buildings. The building official shall inspect all buildings or structures being erected or altered as frequently as may be necessary to ensure compliance with the Rhode Island State Building Code (G.L. § 23-27.3-100.0 et seq.) and with the town ordinances and adherence to the plans submitted in accordance with section 18-57.
(Code 1967, § 7-9.3; Ord. of 7-25-11, § 5)
Sec. 18-28. - Stop work orders.#
The building official shall have the power to order all work stopped on construction or alteration or repair of buildings in the town when such work is being done in violation of any provision of any ordinance relating thereto, or which varies substantially from the plans submitted. Work shall not be resumed after the issuance of such an order except on the written permission of the inspector; provided, however, that if the stop order is an oral one, it shall be followed by a written stop order within 24 hours. Such written stop order may be served by any police officer.
(Code 1967, § 7-9.4; Ord. of 7-25-11, § 5)
Sec. 18-29. - Enforcing officer.#
The building inspector shall also serve as the enforcing officer under the Rhode Island Housing Maintenance and Occupancy Code, G.L. 1956, § 45-24.3-1 et seq.
(Code 1967, § 7-10; Ord. of 7-25-11, § 5)
Sec. 18-30. - Rights, duties, powers and obligations.#
The building official shall have all rights, duties, powers and obligations as are contained in the Rhode Island State Building code, as such code may be from time to time amended, except as may be limited by this article.
(Code 1967, § 7-9.6; Ord. of 7-25-11, § 5)
Sec. 18-31. - Right of entry.#
The building official and all inspectors of the town shall have the right of entry to such buildings or structures for the proper performance of their duties in accordance with G.L. § 23-27.3-112.0.
(Ord. of 7-25-11, § 5)
Sec. 18-32. - Local board of appeals established.#
A Tiverton Building Code Board of Appeals ("Board") is hereby established, consisting of five members appointed by the town administrator, with one member appointed for five years, one for four years, one for three years, one for two years and one to serve for one year, or until his or her successor has been appointed. The board membership shall consist of the following five constituencies: One shall be an architect; two shall be professional engineers; one shall be a builder or superintendent of construction; and one shall be a member of the general public. The board shall annually elect its own chair and secretary. A member need not be a resident of the town and may also be a member of a board of appeals of another municipality.
(Ord. of 10-14-08(2))
Sec. 18-33. - Appeal authorized.#
An aggrieved party as defined in G.L. § 23-27.3-127.1(b)(2)(i)—(b)(2)(vi) may appeal an interpretation, order, requirement, direction, or failure to act under the building code by the building official to the board.
(Ord. of 10-14-08(2))
Sec. 18-34. - Stay of proceedings.#
Filing of an appeal by the aggrieved party shall stay all proceedings in furtherance of the action or failure to act appealed from, unless the building official presents evidence and the board finds that, upon the evidence presented, a stay would involve imminent peril to public health, safety, and welfare. In such an event, a stay of all proceedings shall be waived or the board may order other action necessary to preserve public health, safety, and welfare. Before waiving the stay of proceedings the board shall hold a hearing and give the appellant, state, or local agency claiming that a stay would involve imminent peril to public health, safety, and welfare, notice in writing of the hearing not less than 24 hours before the hearing.
(Ord. of 10-14-08(2))
Sec. 18-35. - Granting variances.#
The board may vary the application of any provision of the building code to any particular case when, in the opinion of the board, the enforcement of the building code would do manifest injustice; provided, that the board finds that the decision to grant a variance or modification will not conflict with the general objectives of the building code.
(Ord. of 10-14-08(2))
Sec. 18-36. - Additional powers.#
The board may impose in any decision, limitations both as to time and use, and a continuation of any use permitted may be conditioned upon modifications as set forth in the decision.
(Ord. of 10-14-08(2))
Sec. 18-37. - Procedures.#
(a)
When the building official refuses to issue a building permit in whole or in part, or refuses to approve the mode or manner of construction proposed to be followed or the materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of this Code do not apply or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of this code and regulations have been misconstrued or wrongly interpreted, within 30 days the owner of the building or structure, whether erected or to be erected, the owner's authorized agent, or other aggrieved party may make an application for an appeal in writing from the decision of the building official to the local board of appeal.
(b)
Upon receipt of the application for an appeal, the chairperson or secretary of the board of appeal shall appoint a panel of not less than three members of the board to hear each appeal.
(c)
Applications filed at least 25 days, including Saturdays, Sundays, and legal holidays, prior to the monthly meeting of the board will be advertised for public hearing at the next scheduled meeting. Appeals affecting the disability regulations of the state building code shall cite the provisions in the advertisements. A copy of the application for appeal to the disability provisions of shall be sent to the state building commissioner. Unless the appeal is continued, a copy of the decision of the board shall be mailed to the owner, the aggrieved party, to the building official, and to the state building commissioner not later than ten days following the rendering of the decision.
(d)
Applications for appeal must be accompanied by two copies of the required plans for review by the building official and the board of appeals.
(e)
The building official shall submit to the board of appeals a notice identifying the reason for the refusal to issue a permit and the code provisions being disputed.
(Ord. of 10-14-08(2))
Sec. 18-38. - Appeal to state board.#
Any aggrieved party affected by the decision of the board may appeal to the state board of standards and appeals within 20 days after the filing of the local decision with the building official and owner. Any determination made by the local board shall be subject to review de novo by the state board of standards and appeals.
(Ord. of 10-14-08(2))