Article 10. Municipal Building Department

Article 10.  Municipal Building Department

’3-1001   MUNICIPAL BUILDING DEPARTMENT; BUILDING PERMITS.  No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building, structure or sign in the Municipality or any concrete or block construction, specifically including sidewalk and driveway located upon the public right-of-way, or cause the same to be done, without first obtaining a separate building permit for each such building, structure sign or construction, from the Municipality unless such work falls with the exceptions listed in section 3-1005.3-1002   MUNICIPAL BUILDING DEPARTMENT; BUILDING APPLICATIONS.  To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Municipal Clerk for that purpose.  Every such application shall:

1.  Identify and describe the work to be covered by the permit for which application is made;

2.   Describe the long on which the proposed work is to be done by lot, block, tract, and house and street address or similar description that will readily identify and definitely locate the proposed building or work;

3.   Show the use or occupancy of all parts of the building;

4.   Be accompanied by plans and specifications when the work exceeds twenty-five thousand dollars ($25,000.00) or is in the fire limits;

5.   State the valuation of the proposed work;

6.   Be signed by the permittee or his authorized agent, who may be required to submit evidence to indicate such authority;

7.   A plat drawn to scale showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of existing buildings and structures, the lines within which the proposed building or structure and driveways shall be located or altered, the existing and intended use of the property, and such other information with regard to the lot and neighboring lots and their use as may be necessary to determine compliance with the provide for the enforcement of this Chapter.

8.   In areas which are not served with public water or sewer, a certified statement that the proposed water and sewer facilities will be installed to conform to the minimum requirements of the State Department of Health.

9.   Give such other information as may be reasonably required by the Building Inspector.

3-1003   MUNICIPAL BUILDING DEPARTMENT; BUILDING PERMIT, PLANS AND SPECIFICATIONS.

A.   Whenever plans and specifications are required to be submitted with an application, the applicant shall submit all plans, engineering calculations, diagrams and other data in one or more sets with each application for a permit.  The building official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such.

B.   The Building Inspector may waive the submission of plans, calculations, etc., if he finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code.

C.   Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations.

Plans for buildings more than two (2) stories in height of other than Groups R, Division 3 and M Occupancies shall indicate how required structural and fire resistant integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems.

3-1004   MUNICIPAL BUILDING DEPARTMENT; BUILDING PERMITS, FEES.        A.     The Municipal Clerk shall collect before accepting any application for a building permit a fee set by resolution of the Governing Body.

B.   The determination of value or valuation under any of the provisions of this code shall be made and reviewed by the Building Inspector.  The value to be used in computing the building permit 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 any other permanent equipment.

C.   Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit.  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.  The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

D.   The Municipal Clerk may authorize the refunding of any fee paid hereunder which was erroneously paid or collected and when no permit is issued except when the fee was charged under subsection C hereof.  The Municipal Clerk shall not authorize the refunding of any fee paid after the issuance of a permit.

3-1005 MUNICIPAL BUILDING DEPARTMENT; BUILDING PERMITS; EXCEPTIONS.  No building permit shall be required in the following instances:

1.   Interiors:  For maintenance, decoration, plastering or painting of buildings when no changes of structural members, plumbing, sewerage, chimney, or vents is involved unless the total cost of material and labor will be five thousand dollars ($5,000.00) or more.

2.   Exteriors Outside of Fire Limits:  For maintenance, decoration, painting, roofing or siding of buildings not located within the fire limits, when external dimensions of the building are not changed, when no changes of structural members, plumbing, sewerage, chimneys or vents is involved, unless the total cost of material and labor will be five thousand dollars ($5,000.00) or more.

3.   Exteriors Within Fire Limits:  For maintenance, decoration, painting, repair of roofing and siding where such roofing and siding and intended repairs are in conformity with the requirements pertaining to buildings within the Fire Limits, when external dimensions or exterior signs are not changed, when no change of structural members, plumbing, sewerage, chimney or vent is involved, and where there will be no obstruction, hazard or interference with use of sidewalk or street, unless the cost of material and labor will be five thousand dollars ($5,000.00) or more.

4.   Fences not over six feet (6′) high.

5.   Movable cases, counters and partitions not over five feet (5′) high.

6.   Retaining walls which are not over four feet (4′) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids.

7.   Platforms, walks and driveways are not more than thirty inches (30″) above grade and not over a basement or story below, unless they are located on the Municipal right-of-way.

8.   Temporary motion picture, television and theater stages, sets and scenery.

9.   Window awnings supported by an exterior wall of Group R, Division 3, and Group M Occupancies when projecting not more than fifty-four inches (54″) and not over City right-of-way.

10.  Mailboxes placed on public right-of-way in conformance with Section 3-1005.01.

Exemption from the permit requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or the laws or ordinances of this jurisdiction.  (Amended by Ord.  93-106.)

3-1005.01  MUNICIPAL BUILDING DEPARTMENT; MAILBOXES ON PUBLIC RIGHT OF WAYBuilding permits are not required for installation of mailboxes on municipal street right-of-way if the mailbox complies with the standards set forth in this section.

Mailboxes located on municipal street right-of-way shall be of light sheet metal, plastic construction or approved equal, located so the bottom is forty-two inches (42″) above the streets surface and the front edge is behind the back of the curb, a minimum of six inches (6″).

Mailboxes shall be mounted on a four inch (4″) x four inch (4″) or four and one half inch (4 2″) diameter wooden post, one and one half inch (1 2″) to two inch (2″) diameter standard steel or aluminum post or approved equal.  More massive supports such as masonry, railroad rails and ties, barrels, etc. shall not be allowed.  The front face of supports shall be a minimum of twelve inches (12″) behind the back of the curb.

Mailboxes shall not be placed at or near street corners and shall adhere to the corner visibility standards of Section 11-412 of the Falls City Municipal code.  (Amended: Ord. #93-106)

3-1006   MUNICIPAL BUILDING DEPARTMENT; BUILDING PERMIT.
A.  Issuance.  The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Building Inspector.  Such plans may be reviewed by other departments of this jurisdiction to verify compliance with an applicable laws under their jurisdiction.  If the Building Inspector finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements to this code and other pertinent laws and ordinances, and that the required fees have been paid, he shall recommend the issuance of a permit to the Municipal Clerk who shall issue said permit subject to the right of any interested party to appeal the decision of the Building Inspector to the Board of Adjustment as set out in section 11-501 of this Code.

When the Municipality issues the permit where plans are required, the Building Inspector shall endorse in writing or stamp the plans and specifications “APPROVED”.  Such approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Inspector and all shall be done in accordance with the approved plans.

The Municipality may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code.  The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building or structure will be granted.

B.   Retention of Plans.  One set of approved plans, specifications and computations shall be retained by the Building Inspector for a  period of not less than 90 days from date of completion of the work covered therein; and one set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.

C.   Validity of Permit.  The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction.  No permit presuming to give authority to violate or cancel the provisions of this code shall be valid.

The issuance of a permit based upon plans, specifications and other data shall not prevent the Building Inspector from thereafter requiring the correction of errors in said plans, specifications and other date, or from preventing building operations being carried or thereunder when in violation of this code or of any other ordinances of this jurisdiction.

D.   Expiration.  Every permit issued by the Building Inspector under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (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 hundred eighty (180) days.  Before such work can be recommenced, a new permit shall be first obtained so to do, 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.  In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons.  The Building Inspector may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.  No permit shall be extended more than once.

E.   Suspension or Revocation.  The Building Inspector may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this code.

F.   Denial.  If the Building Inspector finds that the work described in an application for a permit and the plans, specifications and other data filed therewith does not conform to the requirements of this code and other pertinent laws and ordinances he shall issue a written denial of the permit setting forth the reasons for the denial.  Any interested party may appeal the decision of the Building Inspector to the Board of Adjustment as set out in section 11-501 of this code, may apply to the Board of Adjustment for a variance pursuant to section 11-407.01 or may apply to the City Council for conditional use or a special exception permit pursuant to section 11-407.

3-1007   MUNICIPAL BUILDING DEPARTMENT; PLUMBING PERMIT.  In the event that the proposed construction work is strictly of a plumbing nature, the applicant shall apply to the Municipal Clerk for a permit therefor.  The Clerk shall require in writing such specifications, details, cost estimates, and other information as he or the Plumbing Inspector may deem necessary.

The application, plans and specifications shall be reviewed by the Plumbing Inspector to verify compliance with any applicable laws under this code and other pertinent laws and ordinances.  Fees and the procedure for issuance of a plumbing permit shall be the same as for building permits.

No plumbing permit shall be required where the proposed plumbing work is of a minor nature and the total cost of the same is less than five hundred dollars ($500.00).  Successful applicants shall comply with all inspection regulations prescribed by the Plumbing Inspector and this code.

3-1008   MUNICIPAL BUILDING DEPARTMENT; ELECTRICAL PERMIT.  In the event that the proposed construction work is strictly of an electrical nature, the applicant shall apply to the Municipal Clerk for a permit therefor.  The Clerk shall require in writing such specifications, detail, cost estimates, and other information as he and the Electrical Inspector may deem necessary.

The application, plans and specifications shall be reviewed by the Electrical Inspector to verify compliance with any applicable laws under this code and other pertinent laws and ordinances.  Fees and the procedure for issuance of an electrical permit shall be the same as for building permits.

No electrical permit shall be required where the proposed electrical work is of a minor nature and the total cost of the same is less than two hundred fifty dollars ($250.00); Provided, that said electrical work does not include the Main Service Entrance Panel.  The replacement of the Main Service Entrance Panel shall require an electrical permit.  Successful applicants shall comply with all inspection regulations prescribed by the Electrical Inspector and this code.