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Chapter 1.28 Building Permit 2016-11-01T09:54:47+00:00

CHAPTER 1.28
BUILDING PERMIT


Sections:

1.28.005 Purpose.
1.28.010 Permit Required.
1.28.015 Sidewalks Required.
1.28.020 Submission of Application.
1.28.025 Form and Contents of Required Documents.
1.28.030 Public Notice.
1.28.035 Review and Approval Procedures.
1.28.040 Fees.
1.28.045 Entitlements.
1.28.050 Certificate of Occupancy.
1.28.055 Temporary Certificate of Occupancy.
1.28.060 Appeals.

1.28.005 PURPOSE.
Tremonton City and the State of Utah have adopted the International Building Codes and National Electrical Code which governs 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 Tremonton City when reviewing plans, issuing Building Permits, and performing various inspections for Code compliance.

1.28.010 PERMIT REQUIRED.
UCA 10-9a-802 (b) requires a Building Permit be issued to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the Building Code, or to cause any such work to be done.

1.28.015 SIDEWALKS REQUIRED.  Sidewalks shall be required along all street frontages with the issuance of a Building Permit. Said sidewalks shall be constructed in accordance with the City’s adopted Construction Standards and Specifications and Tremonton City Trails, Parks, and Open Spaces Master Plan prior to the Building Inspector issuing a Certificate of Occupancy. (Ordinance 09-28)

A. A Building Permit Applicant may request in writing to the Land Use Authority Board that the sidewalk requirement be waived based upon the following criteria:

1. That a sidewalk is not consistent with the character of the neighborhood; and

2. That sidewalks are generally not required of lots within the same neighborhood.

B. The Land Use Authority Board shall review the evidence submitted by the Building Permit Applicant and also consider the following criteria:

1. Objectives of the City’s currently adopted General Plan and Transportation Plan;

2. Requirements and other sections of the City’s currently adopted Land Use Ordinances; and

3. If it is likely that a sidewalk system will be constructed in the neighborhood where the Building Permit will be issued.  The Land Use Authority Board shall make findings as to the maintaining or waiving the requirement to construct a sidewalk. The decision of the Land Use Authority may be appealed to the City’s Planning Commission.

1.28.020 SUBMISSION OF APPLICATION.  

A. Only property owners or their duly authorized agents shall make application for a Building Permit on forms approved by the Building Official.

B. No Building Permit application shall be processed without the submission of the application, all the supporting materials as required by this Chapter, and the processing fee. Incomplete applications shall not be processed under any circumstances. The time frame for when an application shall be reviewed set by policy of the Building Official.

C. The application for Building Permit approval shall include the following:

1. All documents required in Section 1.28.020 below.

1.28.025 FORM AND CONTENTS OF REQUIRED DOCUMENTS.
The Building Permit application shall be submitted with the materials listed in this Section. The Building Official may determine and require that additional items not listed herein be submitted in order to evaluate the proposed Building Permit application.

A. Construction Plans. Two (2) copies of the building construction plans no smaller than size (11″ x 17″) with a scale no less one-eighth (⅛) inch equals one (1) foot and demonstrating compliance with the current State and City adopted International Building Codes shall be submitted;

B. Site/Plot Plan.  Two (2) copies of a site plan on a regular size (8½″ x 11″) with a scale no less than one (1) inch equal to twenty (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; identification of adjacent streets, alleys and easements across property; location of laterals and meters;

C. Model Energy Code Check List (MEC Check). Two (2) copies of the Model Energy Code checklist demonstrating that the proposed structure meets the State of Utah’s Approved Model Energy Code;

D. Structural Engineering Calculations. Two (2) sets of the structural engineering calculations wet stamped and signed by a registered Utah Structural Engineer;

E. Contractor’s State License. All contractors shall submit a photocopy of their State of Utah contractor’s license.  Owner builders, intending to live in the structure after a Certificate of Occupancy is issued do not need to have a state license; and

F. Sewage Disposal System Approval. In all cases where a proposed building will involve the use of sewerage facilities, and a connection to a public sewer system as defined by the Utah State Division of Health is not available, the sewage disposal system shall comply with State and local Board of Health requirements. In these cases an application for a Building Permit shall be accompanied by a Certificate of Feasibility from said Board or Division and evidence of and showing the actual physical presence, legal right and availability of sewage disposal system for the sole use of the proposed building.

G. Domestic Water System Approval.  In all cases where a proposed building will involve the use of a public water system, and a connection to a public water system as defined by the Utah State Division of Health is not available, the domestic water supply shall comply with State and local Board of Health requirements.  In these cases an application for a Building Permit shall be accompanied by a Certificate of Feasibility from said Board or Division and evidence of the physical presence, legal right to and availability of culinary water for the sole use of the proposed building.

1.28.030 PUBLIC NOTICE.
No public notice is required for the Building Official to approve a Building Permit.

1.28.035 REVIEW AND APPROVAL PROCEDURES.

A. Zoning Administrator’s Review. The application and plans shall be checked for placement, size and other zoning requirements as provided by this Title. The Zoning Administrator shall give written notification to the Building Official if a proposed use, building or structure would be in violation of these Titles, or previous approved Site Plan Permits, Conditional Use Permits, or other permits issued by a Land Use Authority.  Such written notification shall have a presumption of illegality and the Building Official shall not issue a Building Permit for such building or structure.  If the offices of Building Official and Zoning Administrator are held concurrently by one person, this person shall detail the violation in writing on the permit refusal notification.  As per UCA 10-9a-802 (2) (a) the City may withhold a Building Permit to enforce its Ordinance. If zoning requirements are not met, the applicant shall be notified and presented reasons why.

B. Building Official’s Review.  The Building Official shall review the plans to determine whether the proposed building or structure conforms to Building Codes and City Ordinances. As per UCA 10-9a-802 (2) (c) the Building Official may not issue a Building Permit unless the plans of and for the proposed erection, construction reconstruction, alteration, or use fully conform with all regulations then in effect.  The Building Official shall return the plans to the applicant with the statement ″approve″ or ″disapproved″. If the plans are disapproved, a written explanation of the reasons shall be attached. If the plans are approved, a Building Permit will be issued. The approval of a Building Permit is an Administrative Decision. As part of the requirements for the issuance of a Building Permit the Building Official shall insure:

1. Subdivision/Development Improvements. Subdivision/Development improvements are to be in compliance with Section 2.05.040 of Title II before a Building Permit may be issued.  The City Engineer shall write a letter to the Building Official certifying that the subdivision/development is in compliance with Section 2.05.040.

2. Culinary Water Authority. In times when the City’s culinary water system is near capacity the Culinary Water Authority shall review and shall only authorize the issuance of a Building Permit upon determination that there is sufficient capacity within the system to serve the proposed building or use.  The Building Official shall deny the issuance of a Building Permit if the Culinary Water Authority does not authorize the issuance of the Building Permit.

3. Sanitary Sewer Authority. In times when the City’s sanitary sewer system is near capacity the Sanitary Sewer Authority shall review and shall only authorize the issuance of a Building Permit upon determination that there is sufficient capacity within the system to serve the proposed building or use.  The Building Official shall deny the issuance of a Building Permit if the Sanitary Sewer Authority does not authorize the issuance of the Building Permit.

4. Sidewalks.  Sidewalk shall be constructed along all street frontages pursuant to Section 1.28.015.

5. Manufactured Homes or Mobile Homes.  That Manufactured Homes or Mobile Homes comply with the applicable standards contained in Chapter 19 Supplementary Regulations.

6. Residential Architectural Standards. That Single-Family Dwellings, Multi-Family Dwellings, and Manufactured or Modular Homes comply with the Residential Architectural Standards contained in Chapter 19 Supplementary Regulations.

7. Water Rights Requirements. Applicants are required to dedicate water rights to the City for Industrial, Commercial, Institutional, and Multi-Family Dwelling. The City Engineer shall calculate water rights for these uses after a site-specific analysis is performed for the proposed use. Water rights to service Industrial, Commercial, Institutional, and Multi-Family Dwelling shall be dedicated to the City prior to the issuance of the Building Permit.

C. After Building Official’s Approval. In order for an approved Building Permit to remain valid and for Contractors to be eligible for inspections the following standards shall be observed:

1. Variation of Plan. No variations from the plan presented for a Building Permit are permitted without first obtaining approval from the Building Official.

2. Approved Plans on Construction Site. The plot plan and construction plans that have been approved by the Building Official, 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 re-inspection fee at the discretion of the Building Official and as allowed by the International Building Code.

1.28.040 FEES.
The City shall collect a fee for the issuance of a Building Permit and other fees which may include but are not limited to plan review, connection to City utilities, impact fees and garbage cans. Said fees shall be as set by Resolution or Ordinance of the City Council.

1.28.045 ENTITLEMENTS.

A. Validity. The approval of a Building Permit shall authorize the commencement of construction of a structure or improvement and the issuance of a Certificate of Occupancy upon passing a final inspection and under the conditions contained in this Chapter except as follows:

1. Permit Issued in Conflict.  In accordance with 1.01.025 any Building Permit approved which is in conflict with this Title shall be null and void.

2. Revocation.  Building Permit may be revoked if: terms of the permit are violated.

3. Expiration.  A Building Permit shall expire one (1) year after the date of the approval and shall be null and void unless an extension of the Building Permit has been granted by the Building Official.

1.28.050 CERTIFICATE OF OCCUPANCY.
The approval of a Certificate of Occupancy is an Administrative Decision. The Building Official shall issue a Certificate of Occupancy upon passing a final inspection and under the following conditions:

A. Structure complies with the International Building Code requirements, City Ordinances, and any other conditions or codes imposed with the approval of a Site Plan Permit, Conditional Use Permit, or other permits.

B. In addition to the structure meeting Building Code requirements prior to issuing a Certificate of Occupancy; the building or structure shall:

1. Compliance with Title II.  The City Engineer shall write a letter to the Building Official certifying that the subdivision/development is in compliance with Title II.

2. Sewage Disposal System Approval. In all cases where a proposed building or proposed use will involve the use of sewer facilities, and a connection to a public sewer system as defined by the Utah State Division of Health is not available, the sewage disposal system shall be approved by the State and local Board of Health prior to the issuance of a Certificate of Occupancy. Approval of sewage disposal system and issuance of Certificate of Occupancy does not preclude the City’s ability to require connection of a building in the future to a public sewer system.

3. Domestic Water System Approval. In all cases where a proposed building will involve the use of a public water system, and a connection to a public water system as defined by the Utah State Division of Health is not available, the domestic water supply shall be approved by the State and local Board of Health prior to the issuance of a Certificate of Occupancy. Approval of water system and issuance of Certificate of Occupancy does not preclude the City’s ability to require connection of a building in the future to a public water system.

4. Surface Drainage Facilities.  All surface drainage facilities shall be installed and approved by the City.

5. Curb & Gutter. Curb & gutter shall be installed and approved by the City.

6. Street Paving. The streets shall be paved including manholes and water values raised to grade with concrete collars.

7. Sidewalks. Sidewalks are constructed along all street frontages pursuant Section 1.28.015.

8. Street Signs.  Street signs shall be installed.

9. Site Plan Improvements.  All of the improvements required by an approved Site Plan Permit or Conditional Use Permit.

1.28.055 TEMPORARY CERTIFICATE OF OCCUPANCY.
The Building Official may issue a temporary Certificate of Occupancy under very specific circumstances. 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, street paving, or other items that present a safety hazard if uninstalled. Temporary Certificates of Occupancy may only be issued under the following circumstances:

A. Minor Deficiencies. Minor deficiencies that may be corrected within thirty (30) days and pose no threat to the public or persons who may occupy the structure.

1.28.060 APPEALS.

A. Any person aggrieved by the decision of any part of the Building Permit or Certificate of Occupancy review or approval process may appeal in accordance with Chapter 1.04.

B. The Appeal Authority for and deadline for filing an appeal of a Building Permit or Certificate of Occupancy shall be as follows:

1. First Appeal. Person has ten (10) days to appeal the decision of the Building Official to the City Council.

2. Second Appeal. Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801)

3. Third Appeal. None.

ORD 13-05