Chapter 15.08 BUILDING CODES AND PERMITS

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 $5,000, except that it shall apply in the cases where the construction or alteration results in an enlarged structure or affects the walls of the building or structure. [Code 1986 § 9-521.]

15.08.020 Application for permit.

A building permit shall be secured from the clerk 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 1986 § 9-522.]

15.08.030 Approval of plan.

The application and plans shall be forwarded from the clerk 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 this municipality. The building inspector shall return the plans to the clerk within 10 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 plan, the clerk shall issue a permit to the applicant together with one set of the approved plan. 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 or being constructed or which would be or result, if constructed, in a violation of any ordinance of this town. [Code 1986 § 9-523.]

15.08.040 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 1986 § 9-524.]

15.08.050 Fee schedule.

The clerk shall collect a fee for the application of a permit in the amount set forth in Appendix III of this code. [Code 1986 § 9-525.]

15.08.060 Adoption of building code.

The Uniform Building Code, 1985 Edition, published by the International Conference of Building Officials and printed as a code in book form, one copy of which has previously been filed with the clerk for use and examination by the public, hereby is approved and adopted as the building code of this town. [Code 1986 § 9-531.]

15.08.070 Establishment of fire districts or zones.

The areas described in Appendix IV of this code are hereby established as fire districts or zones. [Code 1986 § 9-533.]

15.08.080 Adoption of electrical code.

The National Electrical Code, 1984 Edition, published by the National Electrical Contractors Association and approved by the National Electrical Contractors Association, the National Board of Fire Underwriters, American Standards Association and the National Fire Protection Association and printed as a code in book form, one copy of which has been previously filed with the clerk for use and examination by the public, hereby is approved and adopted as the electrical code of this town. [Code 1986 § 9-540.]

15.08.090 Electrical inspection.

The building inspector shall perform all functions of electrical inspection and shall among other things inspect and supervise the construction, installation, and repairs of all electric light and power wiring, fixtures, appliances, or apparatus installed within the limits of the town and shall require compliance with the provisions of the electrical code. The building official shall require the correction of such defects as he deems actually dangerous to life or property. Those same enforcement standards established in the Uniform Building Code shall be followed by the building inspector for all electrical work. [Code 1986 § 9-541.]

15.08.100 Permits and inspections.

No alterations or additions shall be made in existing wiring, nor shall any wirings or any apparatus which generates, transmits, transforms or utilizes any electricity be installed without first obtaining a permit therefor except minor repair work such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints and repairing drop cords. Applications for such permit describing such work shall be made in writing and shall conform as far as practicable to the requirement set forth in MMC 15.08.020. This section shall not apply to installations in power houses and substations belonging to electric light companies. No permit shall be issued to any applicant for a permit during the time that he shall fail to correct any defective electrical installation after he has been duly notified to correct such defective work by the building inspector. [Code 1986 § 9-542.]

15.08.110 Permit fees.

The electrical permit fees applicable in this town for use under the National Electrical Code, 1984 Edition, shall be the amount set forth in Appendix I of this code. [Code 1986 § 9-543.]

15.08.120 Electrical disturbances.

A. Electrical installations for signs, equipment, or other facilities creating electrical disturbances that cause interference with normal radio or television reception beyond the immediate vicinity of such electrical installations are hereby declared to be a nuisance. The owners or operators thereof shall so install and maintain such installations as to avoid or eliminate such interference, using all known means and devices for such purpose, such as proper grounding, connections, condensers, resistors, and live chokes.

B. The building official shall withhold or withdraw approval of any electrical installation causing the above disturbance, and is hereby authorized to take all steps necessary for the abatement of such conditions. [Code 1986 § 9-544.]

15.08.130 Plumbing code adopted.

The Uniform Plumbing Code, 1985 Edition, published by the International Association of Plumbing and Mechanical Officials as a code in book form, one copy of which has been filed for use and examination by the public in the office of the clerk, hereby is approved and adopted as the plumbing code of this town except as otherwise altered or modified by the ordinances of this town. [Code 1986 § 9-561.]

15.08.140 Application and scope.

The provisions of this chapter shall apply to, but not be limited to, all new construction, relocated buildings, and to any installation, alteration, repair or reconstruction of a plumbing system within the town except as otherwise provided in this chapter. [Code 1986 § 9-562.]

15.08.150 Plumbing inspector – Duties.

A. There is hereby created the position of plumbing inspector.

B. The plumbing inspector shall issue permits to properly licensed, bonded and registered persons. Licensing should be for work to be done within the scope of this chapter. The plumbing inspector:

1. Shall order changes in workmanship and/or materials essential to enforce compliance with all provisions of the plumbing code.

2. Shall investigate any construction or work regulated by this chapter and issue such notices and orders as are necessary to prevent or correct dangerous or unsanitary conditions.

3. May recommend the revocation of any license to the State Department of Business Regulation for cause, and report to the Department of Regulation all violation of this chapter by journeymen, apprentices or contractors. [Code 1986 § 9-563.]

15.08.160 Allowance for exception to chapter.

Where structural conditions impose extreme difficulty in fully complying with the plumbing regulations of this chapter, any aggrieved party may apply in writing to the plumbing inspector for special permission to deviate from the regulations. If in the judgment of the plumbing inspector such deviation is reasonable and does not create an unsanitary or unsafe condition, he shall recommend to the town council that the request for deviation be approved or disapproved, or that approval is subject to such conditions as the town council may require. The town council, on review, may approve or disapprove the application or vary the condition on which approval is granted. [Code 1986 § 9-564.]

15.08.170 Right of entry granted.

The plumbing inspector shall have the right of entry within reasonable hours to any building or premises for the purpose of inspection or to investigate any work or conditions governed by this chapter. [Code 1986 § 9-565.]

15.08.180 Power to condemn granted.

The plumbing inspector is hereby empowered to condemn and order repaired, removed, replaced or changed any plumbing found in any unsanitary condition or not in accordance with this chapter. Failure to comply with the order within a reasonable time is an infraction. [Code 1986 § 9-566.]

15.08.190 Interest in sale or installation of equipment prohibited.

The plumbing inspector and his assistants shall not in any way engage in the sale or installation of plumbing equipment upon which they are required to make inspection hereunder. [Code 1986 § 9-567.]

15.08.200 Permits required.

No plumbing shall be installed, nor additions or alterations made in existing plumbing except as provided in MMC 15.08.240, without first obtaining a permit. Application for such permits shall be in writing to the clerk and shall describe the nature of the work to be done and affirm that the plumbing will conform to the plumbing code. No permit shall be issued to any applicant during the time he shall fail to correct any defective plumbing installed by him after he has been notified in writing by the plumbing inspector of defective work. [Code 1986 § 9-568.]

15.08.210 Revocation of permit.

The plumbing inspector may revoke any permit when the person to whom the permit is issued fails, neglects, or refuses to do the work thereunder in conformance with this chapter, or when the permit is issued in error. [Code 1986 § 9-569.]

15.08.220 Expiration of permit.

Every permit issued by the plumbing inspector shall expire and become null and void if work authorized by such permit is not commenced within 60 days from the date such permit is issued, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days or more. [Code 1986 § 9-570.]

15.08.230 Denial of permit.

The plumbing inspector may refuse to issue permits for any plumbing work to any person who has had a permit revoked in accordance with this chapter during such time as such person fails to perform plumbing work in conformance with this chapter. [Code 1986 § 9-571.]

15.08.240 Permits not required.

A. Repairs which involve only the working parts of a faucet or valve, the clearance of stoppages, the repairing of leaks or the replacement of defective faucets or valves may be made without a permit; provided, that the permits shall be procured to replace fixtures, traps, soil, waste, and vent pipes unless waived by the plumbing inspector.

B. Any person regularly employed by an owner or lessee of property, or his agents, for the sole purpose of operating and maintaining such property and to make minor repairs thereof, and any owner or lessee of property shall be exempt from the provisions of this chapter when doing work for which permits are not required. [Code 1986 § 9-572.]

15.08.250 Homeowner permit.

Any permit required by this chapter may be issued to any person to do any plumbing or drainage work regulated by this chapter in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings in the event that any such person is a bona fide owner of any such dwelling and accessory buildings and quarters and that the same are occupied by or designed to be occupied by the owner; and further provided, that the owner shall furnish the plumbing inspector with a complete layout drawing of the proposed work, satisfies the plumbing inspector that he has working knowledge of the requirements contained in this chapter, pays the necessary fees, and calls for all inspections required by this chapter. [Code 1986 § 9-573.]

15.08.260 Permit fees.

Before a permit shall be issued, permit fees in the amount set forth in Appendix I of this code shall be paid to the treasurer. [Code 1986 § 9-574.]

15.08.270 Reinspection charge.

After notice that any plumbing work is ready for inspection, if the plumbing inspector calls at the place designated to make such inspection and finds the work not ready for inspection, he shall charge an additional fee of $10.00 for each additional inspection required, except that the town council may from time to time change the inspection fee required in this chapter by resolution. [Code 1986 § 9-575.]

15.08.280 Refusal to comply with order of inspector.

It shall be unlawful for any owner, agent or occupant of any building or premises to fail, neglect or refuse to repair, remove, replace or change within 10 days after written notice to do so from the plumbing inspector, any plumbing condemned by such inspector; provided, that this section shall not apply to any occupant not responsible for the installation or repair of the condemned plumbing. [Code 1986 § 9-576.]

15.08.290 Penalty.

A. The violation of any provision of this chapter by any homeowner, building owner or manager of any building, apartment, hotel, motel or other structure shall be an infraction.

B. The violation of any provision of this chapter by any person who receives payment or anything of value for performing such work shall be a class B misdemeanor. [Code 1986 § 9-577.]