Chapter 6 - BUILDINGS AND BUILDING REGULATIONS

ARTICLE I. - IN GENERAL#

Secs. 6-1—6-18. - Reserved.#

ARTICLE II. - ADMINISTRATION#

DIVISION 1. - GENERALLY#

Secs. 6-19—6-39. - Reserved.#

DIVISION 2. - BUILDING INSPECTOR#

Sec. 6-40. - Stop order.#

The building inspector shall have the power to order all work stopped on construction, alteration or repairs of buildings in the town when such work is being done in violation of any provisions of any ordinance relating thereto or in violation of the subdivision provisions of chapter 20 or the zoning provisions of chapter 28. Work shall not be resumed after the issuance of such order except on the written permission of the inspector, provided that, if the stop order is an oral one, it shall be followed by a written stop order within one hour. Such written stop order may be served by any peace officer or other authorized person.

(Code 1981, § 9-512)

Sec. 6-41. - Entry powers.#

The building inspector shall have the power to enter into any building or the premises where the work of altering, repairing or constructing any building or structure is going on, for the purpose of making inspections at any reasonable hour, pursuant to any of the provisions of this chapter and chapter 12, pertaining to fire prevention and protection.

(Code 1981, § 9-513)

Sec. 6-42. - Additional duties of building inspector.#

The building official or inspector shall, in addition to all other duties imposed on him by the town: (1)

Enforce the provisions of the state building codes;

(2)

Inspect all buildings, structures, ditches, signs, fences and objects to determine their safety and effect on the persons who are within the town;

(3)

Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must:

a.

Be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure;

b.

Use construction materials and utility equipment that are resistant to flood damage; and

c.

Use construction methods and practices that will minimize flood damage;

(4)

Review subdivision proposals and other proposed new developments to ensure that:

a.

All such proposals are consistent with the need to minimize flood damage;

b.

All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located, elevated and constructed to minimize or eliminate flood damage; and

c.

Adequate drainage is provided so as to reduce exposure to flood hazards;

(5)

Require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

(Code 1981, § 9-514)

Secs. 6-43—6-72. - Reserved.#

DIVISION 3. - PERMITS#

Sec. 6-73. - Permit required; exceptions.#

(a)

It shall be a Class C misdemeanor for any homeowner and a Class B misdemeanor for any person who receives payment or anything of value to construct or alter any building or structure, except a fence, without first securing the permit required by this chapter.

(b)

This section shall not apply where the retail cost of the materials used in the construction or alteration is less than $100.00, except that it shall apply in all cases where the construction or alteration results in an enlarged structure or affects the walls of the building or structure.

(Code 1981, § 9-521)

Sec. 6-74. - Application for permit.#

A building permit shall be secured from the clerk/recorder on written application accompanied by plans and specifications in duplicate which must state the specific nature of the construction or alterations to be made. The plan must be verified by the person who will perform or be in charge of the construction or alteration.

(Code 1981, § 9-522)

Sec. 6-75. - Approval of plan.#

The application and plans shall be forwarded from the clerk/recorder to the building inspector who shall review the plan to determine whether the proposed construction or alteration conforms to the building codes and ordinances of the town. The building inspector shall return the plans to the clerk/recorder within ten days with the statement "approved" if the plans do conform or "disapproved" if the plans do not conform. If the plans are disapproved, the reasons therefor shall be annexed to the plans. On receipt of an approved plans, the clerk/recorder shall issue a permit to the applicant together with one set of the approved plans. One set of the plans shall be retained by the building inspector. The building inspector may revoke at any time a permit which has been issued for any building constructed, being constructed or which would be or result, if constructed, in a violation of any town ordinance.

(Code 1981, § 9-523)

Sec. 6-76. - Variations of plan prohibited.#

No material variation from the approved plan shall be allowed unless such variations shall first have been approved in writing by the building inspector.

(Code 1981, § 9-524)

Sec. 6-77. - Fee schedule.#

The clerk/recorder shall collect a fee for the application of a permit in an amount as established by the town council.

(Code 1981, § 9-525)

Secs. 6-78—6-97. - Reserved.#

ARTICLE III. - CONSTRUCTION STANDARDS#

Sec. 6-98. - Adoption of building code.#

The State Construction Code, printed as a code in book form, one copy of which has previously been filed with the clerk/recorder for use and examination by the public, hereby is approved and adopted as the building code of the town.

(Code 1981, § 9-531)