ARTICLE I. IN GENERAL
8-1 Adoption; definitions.
All provisions here in chapter 8 are unless otherwise specified adopted and readopted as amended in their entirety pursuant to the authority and powers granted by the Charter of the City of Burlington, Vermont Acts of 1949, No. 298 as amended.
Unless otherwise expressly stated, the definitions as given in the Vermont Fire and Building Safety Code adopted in section 8-2 shall be used for the purposes of this chapter.
(Rev. Ords. 1962, § 701; Ord. of 10-18-82; Ord. of 12-12-83; Ord. of 9-11-00; Ord. of 2-19-08(1), eff. 4-9-08)
8-2 Building codes adopted.
(a) Generally. There is hereby adopted by the city for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code currently adopted by the State of Vermont and known as the Vermont Fire and Building Safety Code. There is also adopted the Architectural Barrier Compliance Rules adopted by the State of Vermont.
(b) Conflicts. In the event there is a conflict between the provisions of the codes adopted by reference in subsection (a) of this section and the other provisions of this Code or ordinances of the city, the other provisions of this Code or ordinances of the city shall prevail.
(c) Architectural barriers:
(1) Compliance with State Statutes Required: Plans received for the construction or alteration of a public building or the change in use of a nonpublic building to become a public building must comply with the architectural barrier statutes and rules currently adopted by the State of Vermont.
(2) Specification Required: A person shall not construct, alter or permit construction or alteration of a public building or allow the change in use of a nonpublic building to become a public building as defined in subparagraph (c)(1) of this section unless the specifications at the time work commences shall be equal to the Vermont Access Board Rules for New Construction and Alterations to Existing Buildings as currently adopted by the State of Vermont.
(3) Application to Residential Buildings:
a. New construction. Ten (10) percent of all new residential units in a residential subdivision or a residential rental, condominium or cooperative development shall comply with the required accessibility standards in this paragraph (c). If a development contains four (4) to fourteen (14) units, one (1) unit must be accessible; if it contains fifteen (15) to twenty-four (24) units, two (2) units must be accessible. If the development contains three (3) or fewer units, it is exempt from this requirement.
In addition, all new residential construction containing rental apartments, condominiums or cooperatives shall have the principal outside entrance to common areas as well as common passageways and other common areas accessible as required by this paragraph (c). If such developments contain less than three (3) stories, they shall be exempt from any requirements related to installation of elevators.
b. Altered residential construction:
1. Except as set forth in subsection b.2. below, if existing residential rental, condominium or cooperative developments containing four (4) or more units are altered, ten (10) percent of the units must comply with the accessibility standards in this paragraph (c). If the building or development contains four (4) to fourteen (14) units, one (1) unit must comply; if the building or development contains fifteen (15) to twenty-four (24) units, two (2) units must comply. In addition, one (1) outside entrance to common areas and common areas and passageways in the building must be accessible as required by this paragraph; however, if the building or buildings are less than three (3) stories, the common areas and passageways above the first floor do not have to meet the standards of this paragraph.
2. The following are exempt from the provisions of this paragraph (c):
i. Alterations of a building or unit which do not exceed in cost forty (40) percent of the fair market value of the building or unit. For purposes of this section, "fair market value" means the appraisal value of the building or unit as determined for purposes of property taxation. If the appraisal value of the building of the unit has not been determined by the assessor, "fair market value" means the estimated fair market value as that term is described in 32 V.S.A. section 3481(1);
ii. Alterations to an owner-occupied condominium, cooperative or single-family dwelling unit, or to the owner-occupied portion of a public building.
(4) Barrier-free Accessways: Passageways, corridors and other pedestrian walkways hereafter constructed or reconstructed on site to serve as a means of public access to, into or between public buildings and facilities, whether exterior or interior, shall also be made barrier-free in conformance with these standards.
(d) Carbon Monoxide (CO) Detectors. Residential dwelling and other occupancies in which there are rooms or spaces in which sleeping is permitted may not be constructed or substantially altered or repaired without the installation in the vicinity of the sleeping areas and on every floor of the dwelling of interconnected, hardwired, battery backup, UL 2034 listed or approved carbon monoxide detectors. In residential occupancies which are compartmentalized and constructed and maintained as if they are separate buildings pursuant to the Vermont Fire and Building Safety Code, carbon monoxide detectors need only be interconnected within the distinct "buildings" as those recognized by the authority having jurisdiction under the Vermont Code. Such detectors shall be installed in accordance with the manufacturer’s instructions and state law. For purposes of this provision, "substantially altered or repaired" means that the cost of construction, alteration, or repair is 40% or more of the assessed value of the property as listed by the City Appraisers Office.
(e) Effective date; grandfathering. The 1999 Vermont Fire Prevention and Building Code and the BOCA/ICC International Mechanical Code, 1996 Edition, including Chapters 12 and 30 of the BOCA National Building Code shall be repealed as of April 9, 2008.
Any building, structure, or premises which has been and are in compliance with the 1999 Vermont Fire Prevention and Building Code, the BOCA/ICC International Mechanical Code, 1996 Edition, including Chapters 12 and 30 of the BOCA National Building Code shall be considered in compliance with this article provided that:
(1) Construction, reconstruction or renovation was begun within two (2) years prior to April 9, 2008; or
(2) Plans, drawings, and specifications were approved within six (6) months of April 9, 2008.
(Rev. Ords. 1968, § 781; 1969 Cum. Supp., § 781; Ord. of 1-9-78; Ord. of 12-12-83; Ord. of 5-14-84; Ord. of 11-13-89; Ord. of 2-10-92, § 1; Ord. of 1-11-93; Ord. of 9-18-95; Ord. of 9-11-00; Ord. of 5-20-02; Ord of 9-19-05, eff. 10-19-05; Ord. of 2-19-08(1), eff. 4-9-08; Ord. of 12-16-13(2))
Cross reference—Electrical code adopted, § 12-1; BOCA fire code adopted, § 13-1; gas codes adopted, §§ 15-1, 15-2; minimum standards for housing, § 18-70 et seq.
State law reference—Authority to adopt codes by reference, 24 V.S.A. § 3101(c).
8-3 Building inspector appointed.
The administrator of the department of public works subject to the approval of the board of public works commissioners shall hire a city building inspector and such assistant building inspectors as the city council shall authorize. The administrator shall also have all powers and functions of a building inspector.
(Ord. of 10-18-82; Ord. of 12-12-83; Ord. of 1-11-93)
8-4 Duties and powers of building inspector.
The building inspector is hereby authorized and empowered to enforce all adopted codes and ordinances relating to the construction, equipment, management, and condition of all buildings and structures within the city, and to issue written orders pursuant to these powers, and to supervise the issuance of permits for the construction, reconstruction, and removal of all buildings.
Whenever a building inspector finds that a building or structure is maintained, used, erected, constructed, altered, or added to in violation of the provisions of any ordinance, plan, certificate, permit, or of any adopted code or ordinance, the inspector may:
(1) Serve a written order upon the person responsible directing discontinuance of the alleged action and ordering the remedy of the condition that is in violation; or
(2) Serve a written stop-work order requiring the suspension of all further work until the condition that is in violation has been corrected; or both.
(3) Building permits shall not be granted by the building inspector if plans submitted do not comply with all provisions of section 8-2
(4) Neither temporary nor permanent certificates of occupancy shall be granted to any public building or any residential unit in the development if the development’s plans or construction are in violation of section 8-2(c). Furthermore, any violation of section 8-2(c) shall be abated as a nuisance, and any person who is injured as a result of a violation of paragraph (c) may seek to recover damages and other just relief as contemplated by section 54 of the Charter of the City of Burlington. Also, the City of Burlington may bring an action for equitable relief in the Chittenden Superior Court to restrain actual or threatened violations of paragraph (c) as contemplated by section 49 of the Charter of the City of Burlington.
(Rev. Ord. 1962, § 702; Ord. of 10-18-82; Ord. of 12-12-83; Ord. of 5-20-02)
Charter reference—Power to prescribe duties of building inspector, § 48(XIV).
Cross reference—Director of public works designated as enforceme nt officer of housing code, § 18-17; director of public works to make periodic inspection of dwellings within city, § 18-20.
State law reference—Building inspector generally, 24 V.S.A. § 3102 et seq.
Annotation—In an action challenging the legality of the delegation of powers to the building inspector and the validity of the ordinances for lack of provision for judicial review, the Vermont Supreme Court held that the powers of the building inspector are specified and sufficient standards set as to fall within the requisite constitutional requirements and further the lack of provision for judicial review does not invalidate the ordinance inasmuch as nothing in the ordinance forecloses any review. Eno V. City of Burlington, 209 A2d 499(1965).
8-5 Inspector to make monthly report.
The building inspector shall make a detailed report of his doings to the administrator each month showing the number of permits granted and the number refused, and such other information as may be of importance relating to the discharge of his duties.
(Rev. Ords. 1962, § 703; Ord. of 1-11-93)
8-6 Reserved.
Editor’s note—An ordinance of Dec. 12, 1983, repealed § 8-6, which section, relative to suspension and removal of building inspector, derived from Rev. Ords. 1962, § 704.
8-7 Compensation of inspector.
A building inspector shall receive such compensation for his services as the board of aldermen determines.
(Rev. Ords. 1962, § 705)
8-8 Appeals from order.
(a) Any owner of a building or structure, or any other interested person, including any official of the city, may appeal to the board of appeals any action or failure to act by a building inspector, except as provided in Section 8-47 in an abatement action. A request for appeal shall be made by filing a notice of appeal with the administrator of the department of public works within ten (10) days of receiving actual notice of the order or action complained of setting forth in detail his or her grievances. The administrator of the department of public works shall notify the chairperson of the appeals board of the notice of appeal forthwith. The board shall meet upon notice of the chairperson within forty-five (45) days of the filing of the notice of appeal. All hearings shall be public, and all interested parties shall be given an opportunity to be heard and to present evidence and arguments.
(b) The board of appeals shall consist of the members of the public works commission and shall each have terms on the board of appeals concurrent with their individual terms as commissioners.
The board shall select one (1) of its members to serve as secretary chair who shall call and chair meetings and who shall keep a detailed record of all proceedings on file.
A member of the board shall not pass on any question in which that member has any fiduciary, personal, or financial interest, or which otherwise constitutes a conflict of interest.
(c) Four (4) members of the board must be present to constitute a quorum. That board shall affirm, modify or reverse an action appealed by a majority vote of the members present. A tie vote shall be an affirmance of the decision from which the appeal is taken. The board shall give written notice of its decision, which shall include findings of fact and all necessary orders, to all interested parties no later than thirty (30) days after the date of the hearing. The building inspector may take action in accordance with the decision of the board immediately upon the sending of the written decision to all interested parties.
(d) Any interested person may appeal a decision of the board of appeals by instituting relief in the Chittenden Superior Court under V.R.C.P. 74
(Rev. Ords. 1962, § 706; Ord. of 10-18-82; Ord. of 5-23-83; Ord. of 9-24-84; Ord. of 1-11-93; Ord. of 5-20-13)
8-9 Inner fire district defined.
The inner fire district shall consist of that portion of the city lying within that area bounded southerly by the northerly line of King Street, westerly by the easterly line of Pine Street and said easterly line extended northerly to intersect with the northerly boundary herein described, northerly by the southerly line of Grant Street, and said southerly line extended westerly to intersect with the easterly line of Pine Street extended as aforesaid, and easterly by the westerly lines of North and South Union Streets.
(Rev. Ords. 1962, § 761; 1969 Cum. Supp., § 761)
Cross reference—Placing rubbish and other wastes within inner fire district prohibited, § 13-2.
8-10 Reserved.
Editor’s note—An ordinance adopted Feb. 19, 2008, effective April 9, 2008, repealed former § 8-10 which pertained to restrictions on construction within inner fire district and derived from § 762 of the Revised Ordinances of 1962; an ordinance adopted Dec. 9, 1974; an ordinance adopted Sept. 29, 1980; an ordinance adopted Oct. 18, 1982; an ordinance adopted Dec. 12, 1983; and an ordinance adopted Jan. 11, 1993.
8-11 Reserved.
Editor’s note—Section 8-11, "Alterations and additions within inner fire district," was repealed by an ordinance enacted Dec. 12, 1983. Said former section derived from Rev. Ords. 1962, § 763 and 1969 Cum. Supp., § 763.
8-12 Inspector to investigate and report violations.
The building inspector shall inquire into and report to the city attorney for prosecution all violations of this chapter, and the city attorney may invoke a proper legal or equitable remedy in aid of powers of the building inspector.
(Rev. Ords. 1962, § 703)
Cross reference—Building inspector to report investigation of complaints of violation of housing code, § 18-24.
8-13 Penalty for violations.
(a) It shall be a misdemeanor punishable as provided by section 1-9 for any person contemplated in subsection (b) to:
(1) Construct, operate, equip, use, occupy, locate, maintain, or alter a building or structure which does not comply with the requirements and specifications of the codes or ordinances as herein adopted; or
(2) Construct, operate, equip, use, occupy, locate, maintain, or alter a building or structure in violation of i) a detailed statement or plan submitted to and approved by the administrator of the department of public health and safety; or ii) a permit or certificate issued by the administrator of the department of public health and safety; or
(3) Fail to comply with any lawful order of the building inspector.
An abatement action as contemplated by Article III of this chapter is discretionary and is not a precondition to criminal prosecution under this section, nor is the convening of a survey by the board of appeals in section 8-45 a prerequisite for prosecution under this section.
(b) The owner of a building, structure or premises where anything in violation of this chapter shall be placed or shall exist, and an architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in commission of such violation, shall each be fined as herein provided.
(c) The imposition of the penalties herein prescribed shall not preclude the city attorney from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to prevent the occupancy of a building, structure or premises, or to prevent an illegal act, conduct, business or use in or about any premises.
(Rev. Ords. 1962, § 707; Ord. of 10-18-82; Ord. of 12-12-83; Ord. of 5-20-02)