Chapter 15.04
ADMINISTRATIVE CODE
Sections:
15.04.040 Building permits – Compliance with ordinances.
15.04.050 Local amendments to the Uniform Administrative Code, 1997 Edition.
15.04.010 Adoption.
The bound volumes containing the code known as the Uniform Administrative Code, 1997 Edition, of the International Conference of Building Officials, and every part thereof, together with the local amendments as set forth in Chapter 15.04 NPMC, shall constitute the laws of the City relating to code administration. Copies of the Uniform Administrative Code may be examined at the City offices.
15.04.020 Modifications.
The Building Official shall have the power to modify any of the provisions of the Uniform Administrative Code adopted by this chapter upon application in writing by the owner or lessee or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of the modification, when granted or allowed, and the decision of the Building Official thereon shall be entered upon the records of the Department, and a signed copy shall be furnished the applicant.
15.04.030 Appeals.
Whenever the Building Official disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decisions of the Building Official to an appeals board of five members to be appointed by the Mayor/City Manager within thirty days from the date of the decision. The appointment of the appeals board will be on a case-by-case basis with the members of said board comprised of local design professionals, contractors, inspectors or other members of the public deemed knowledgeable of the subject matter by the Mayor/City Manager.
15.04.040 Building permits – Compliance with ordinances.
It is established that no permit will be issued for the construction of new buildings or building, within the corporate limits of the City, which is inconsistent with the current comprehensive plan of the F.N.S.B. or any City ordinances and regulations. All permit applications must be accompanied by a completed F.N.S.B. zoning permit.
15.04.050 Local amendments to the Uniform Administrative Code, 1997 Edition.
The amendments to the 1997 Edition of the Uniform Administrative Code are listed hereafter by section:
A. Revise Section 301, Permits, to read:
301.2.5 Blanket Permit. The building official will consider requests for a Blanket Permit in instances where the nature of the work is of such a unique nature and complexity that issuing individual permits is not practical or economical for the City. The intention of a Blanket Permit is to cover all the permits required by this code under a single permit. Examples of an instance where the building official would consider issuing a Blanket Permit is a large project that encompasses multiple structures being built simultaneously with design-build engineering and phased construction. Issuing a Blanket Permit is at the sole discretion of the building official.
301.2.5 Blanket Permit Fees. Blanket Permit fees will be based upon the full valuation of the project. If it is determined at any time during the project that the valuation of the project was based upon erroneous or inaccurate information that undervalues the project, the fees for the project will be adjusted upward to reflect the revised valuation. Should at any time during the project it is determined that the revised valuation is less than the original valuation, the fees will remain as originally calculated. Should the fees based upon the valuation and calculated according to Section 15.04.050, Local amendments to the Uniform Administrative Code, 1997 Edition, Section 304.2 Permit Fees not fully pay the City’s plan review and inspection expenses, the applicant shall pay any of the City’s actual costs above the calculated permit fees. The plan review fees shall be calculated at 100 (one hundred) percent of the permit fees, in addition to any of the City’s actual costs above the permit fees.
B. Revise Section 303, Permits Issuance, to read:
303.4 Expiration. Every permit issued by the building official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one year (365 calendar days). Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year (365 calendar days). In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
A permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding one year (365 calendar days) upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits shall not be extended more than once.
C. Revise Section 3.04, Fees, to read:
304.2 Permit Fees. The determination of value or valuation under any of the provisions of these codes shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems and other permanent equipment. Valuation shall be determined in accordance with the latest edition of the Building Safety Journal data chart as published by the International Code Council or based on the final contract amount, whichever is greater. When calculating the valuation utilizing the building valuation data chart the regional modifier shall be (1.3). A copy of the bid award may be required by the building official. In any case the final determination of value or valuation under any of the provisions of these codes shall be made by the building official.
304.3 Plan Review Fees.
304.3.1 Fees. When submittal documents are required by Section 302.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 75 percent of the building permit fee as shown in Table 3-A except in the case of Expedited Review, Phased Construction or Design Build projects where the plan review fees shall be 100 percent of the building permit fee. No plan review shall be conducted without payment of the plan review fee.
304.3.2 Identical submittal documents. When identical projects are to be constructed simultaneously and submittal documents are required to be submitted for plan review and construction, the first project’s plan review fee shall be calculated as specified in 304.3.1 above. The plan review fee for each additional project where construction will occur simultaneously with the original project shall be 25 percent of the building permit fee as shown in Table 3-A. A complete set of submittal documents is required for each project where construction is to occur simultaneously.
304.3.2 Expedited Review, Phased Construction and Design-Build Fees. Plan review fees for projects requesting Expedited Review; requesting Phased Construction; or are for Design Build projects shall be 100 percent of the building permit fee as shown in Table 3-A or the City’s actual costs, whichever is greater. Plan review fees for electrical, mechanical and plumbing work shall be equal to 100 percent of the total permit fees as set forth in Tables 3-B, 3-C and 3-D or the City’s actual costs, whichever is greater.
304.5 Investigation Fees-Work without a permit
304.5.1 Stop Work Order. Work begun by a person or corporation without a permit as required by this code shall be subject to an immediate Stop Work Order. Once the City has issued a Stop Work Order, no work that requires a permit by this code shall be authorized at the worksite. Should work that requires a permit continue at the worksite after a Stop Work Order has been issued without authorization by the City, the person or corporation violating the provisions of this section may be punished by a fine of not more than $1,500 (one thousand five hundred dollars) per violation, in addition to all other remedies available in law or equity. A separate violation shall be deemed committed for each day during or on which a violation of the Stop Work Order occurs or continues.
304.5.2 Fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code plus a $100 (one hundred dollar) liquidated damages fee. The minimum investigation fee shall be the same as the minimum fee based upon the valuation and calculated according to Section 15.04.050 Local amendments to the Uniform Administrative Code, 1997 Edition, Section 304.2 Permit. When the City’s expenses exceed the investigation fee as proscribed above, the person or corporation shall be liable for the City’s actual expenses plus a 10 (ten) percent administrative fee. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law. No work shall be authorized on the project where work commenced without a permit until all fees, fines or other expenses proscribed by this section are paid in full; the plan review and investigation are completed; and a permit is issued, only then may the Stop Work Order be lifted.
(Ord. 15-26 § 2, 2016; Ord. 13-09 § 2, 2013; Ord. 12-06 § 2, 2012)