Division V. Building Permits
Chapter 16.60
BUILDING PERMITS
Sections:
16.60.010 What this chapter does.
16.60.030 Building permit required.
16.60.060 Approved plan on construction site.
16.60.070 Issuance of a certificate of occupancy.
16.60.080 Temporary certificates of occupancy.
16.60.010 What this chapter does.
This chapter establishes the process, policies, and procedures governing the administration of building permits in Eagle Mountain City. [Ord. O-23-2005 § 3 (Exh. 1(2) § 12.1)].
16.60.020 Purpose.
Eagle Mountain City and the state of Utah have adopted the International Building Code (IBC) and the International Residential Code (IRC) which govern the technical standards, specifications, requirements, and provisions that apply to the construction of all structures that are required to have a building permit. This chapter sets forth the procedures used by Eagle Mountain City when issuing building permits. [Ord. O-23-2005 § 3 (Exh. 1(2) § 12.2)].
16.60.030 Building permit required.
A building permit shall be required for all structures that exceed 200 square feet or the altering, remodeling, completion of unfinished areas, or enlargement of a structure as required by the International Building Code or the International Residential Code prior to the commencement of construction. [Ord. O-23-2005 § 3 (Exh. 1(2) § 13.3 [12.3])].
16.60.040 Application.
A property owner or their duly authorized agent shall make application for a building permit on forms prepared by Eagle Mountain City. No building permit may be processed without the submission of the application and all the supporting materials as required by the city. Incomplete applications shall not be processed under any circumstance.
A. Supporting Materials. The following materials must be submitted with any application for a building permit:
1. Bond. A cash bond, as required by the city’s consolidated fee schedule, to ensure that the public property surrounding and on the building site is protected. Applicants shall be required to sign a bond agreement that sets out the terms of the bond including, but not limited to, the applicant’s obligations to protect public property, the city’s obligations, the terms for release of the bond and the amount of time that the bond shall be maintained with the city. The bond will be reimbursed, plus interest, to an applicant after a certificate of occupancy is issued.
2. Construction Plans. Two copies of the home construction plans demonstrating compliance with the current state-adopted International Building Code or International Residential Code shall be submitted.
3. Site/Plot Plan. Two copies of a site plan on a regular size (eight-and-one-half-inch by 11-inch) with a scale no less than one inch equal to 20 feet that is drawn or contains the following information: applicant’s name, address and phone number; subdivision name and lot number; square footage of the total site; driveways, sidewalks, dimensions showing front, side, and rear setbacks from all structures to the nearest property lines; property lines, easements; location of waterways, if any; all corners of the home and the front and rear property corners must have finished grade elevation indicating proper drainage; identification of adjacent streets, alleys and easements across property; location of laterals and meters; and species, size, and planting location of street trees in the park strip.
4. Model Energy Code Checklist (MEC Check). Two copies of the Model Energy Code checklist demonstrating that the proposed structure meets the state of Utah’s Approved Model Energy Code.
5. Contractor’s State License. All contractors that are building homes must submit a photocopy of their contractor’s state license. An owner builder, intending to live in the structure after a certificate of occupancy is issued, does not need to have a state license.
6. Structural Engineering Calculations. Two sets of the structural engineering calculations wet stamped and signed by a registered Utah structural engineer.
7. Repealed by Ord. O-25-2018.
8. Architectural Compliance. As applicable, all applicants shall submit evidence of compliance with the architectural standards established by the neighborhood, subdivision, master developer, conditions, covenants and restrictions and city ordinances established for the subject property. [Ord. O-25-2018 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 12.4)].
16.60.050 Approval process.
The city may only approve a proposed building permit application that conforms to the applicable building codes, the fire code, adopted architectural and design guidelines, or ordinances. Any redlined notes or comments written by authorized city staff on plans or in approval documents are a part of the approved plan and applicants are responsible to review and comply with such redlined amendments. The building department may receive and approve complete building permit applications under the following circumstances:
A. For residential projects with either single-family detached or single-family attached units (townhomes, twin homes, duplexes), the minimum infrastructure required to serve the lot must be installed, including sewer; water lines and fire hydrants charged; sidewalk, curb and gutter; and asphalt (except when not allowed due to temperature restrictions) (see EMMC 16.05.100(D)). Asphalt must be placed and graded; the sewer, drains and drain facilities, and water lines must be completed and tested; street signs and “no parking” signs must be installed; required turnarounds (temporary or permanent) must be installed; and fire flow test results must be submitted and approved by the fire marshal or his/her designated representative before any building permits will be issued.
B. For nonresidential/commercial projects or multifamily residential projects (including apartment and condominium projects), building permits may be issued in advance of the road and utility improvements being completed if the project is adjacent to an existing road(s), and all necessary utility infrastructure is immediately available to the project, unless otherwise determined by the development review committee due to public safety or other special circumstances where this infrastructure would be required to be installed prior to the building permit being issued.
C. For nonresidential/commercial projects or multifamily residential projects (including apartment and condominium projects) where all necessary utility infrastructure is not immediately available, the development review committee shall review each project on a case-by-case basis to determine the amount of infrastructure that will be required prior to issuance of a building permit.
D. Development review committee decisions may be appealed to the city council. It is the responsibility of each applicant to provide sufficient information to demonstrate the reason and justification for the exception, and that they can provide acceptable temporary alternatives for power, water, and fire protection during construction. [Ord. O-04-2015 § 2 (Exh. A); Ord. O-23-2005 § 3 (Exh. 1(2) § 12.5)].
16.60.060 Approved plan on construction site.
The approved plot plan and construction plans that have been stamped and signed by the architectural review committee, neighborhood association and building department officials, as applicable, shall be on the job site for all inspections. Contractors that do not have the approved plan on the job site may not be eligible for an inspection and charged a reinspection fee at the discretion of the building official and as allowed by the International Building Code or the International Residential Code. [Ord. O-23-2005 § 3 (Exh. 1(2) § 12.6)].
16.60.070 Issuance of a certificate of occupancy.
Structures that comply with all of the International Building Code or International Residential Code requirements, this title and any other conditions imposed through a site plan review or conditional use process may be eligible to receive a certificate of occupancy. Upon receiving a certificate of occupancy, the owner, builder or contractor may request that the bond be reimbursed with interest. [Ord. O-23-2005 § 3 (Exh. 1(2) § 12.7)].
16.60.080 Temporary certificates of occupancy.
The building official may issue a temporary certificate of occupancy under very specific circumstances. Temporary certificates of occupancy may only be issued under the following circumstances:
A. Minor Deficiencies. Minor deficiencies that may be corrected within 30 days and pose no threat to the public or persons who may occupy the structure.
B. Bond. When a temporary certificate of occupancy is issued, the bond placed for the protection of public property will be retained and may be used at the building official’s discretion at a future time under his direction to bring the structure into compliance with the International Building Code or the International Residential Code, this title and any other conditions imposed through a site plan review or conditional use process.
C. The city council may also exercise their discretionary power and authorize the building official to issue a certificate of occupancy for unusual circumstances so long as it does not violate the International Building Code or the International Residential Code.
D. Incomplete Services or Infrastructure. Temporary certificates of occupancy shall not be issued for deficiencies or incomplete services, connections or infrastructure such as off-site water, sewer, electrical, natural gas, sidewalks, curb, gutter or other items that present a safety hazard if uninstalled. [Ord. O-23-2005 § 3 (Exh. 1(2) § 12.8)].