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* Editors Note: Art. 13:100 of an ordinance adopted Oct. 1, 1990, repealed former §§ 4-1--4-12 and enacted similar new provisions as herein set out. Formerly, such provisions derived from §§ 13:101.4, 13:102--13:102.4, 13:103, 13:104.1, 13:104.2, 13:105--13:109 of the city's 1977 Code.
Cross References: Animals, Ch. 3; building inspection department creation, § 2-266 et seq.; fire department, § 2-301 et seq.; fire prevention and protection, Ch. 6; health, Ch. 7; housing, Ch. 8; housing code adopted, § 8-16 et seq.; license and regulation of occupations and businesses, Ch. 9; mobile homes and manufactured housing and mobile home parks, Ch. 10; solid waste, Ch. 12; streets, sidewalks and other public places, Ch. 13; subdivisions, Ch. 14; utilities, Ch. 16; zoning and land use, Ch. 17; flood prevention and protection, § 17-101 et seq.
State Law References: Authority to adopt building codes, RSA 47:22; construction and inspection of buildings, RSA 155-A:1 et seq.
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Sec. 4-1. Declaration of purpose.
The city council hereby adopts the Berlin Building Code to establish uniform rules and regulations for the construction of buildings within the city by the adoption of national codes by reference pursuant to RSA 674:51-674:52, as amended.
(Ord. of 10-1-90)
Sec. 4-2. Permit required.
(a) A building permit shall be required, and this building code shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures to the extent set forth in sections 4-8 through 4-10.
(b) Subject to sections 4-8 through 4-10 below, no permit is required for ordinary repairs, as defined in BOCA National Building Code, Section 104.1. The use and occupancy of any structure on the date of the adoption of the building code or for which it has been previously approved shall be permitted to continue without change, except as may be mandated by any of the national code requirements described in sections 4-8 through 4-10.
(Ord. of 10-1-90)
Cross References: Housing, Ch. 8; mobile homes and mobile home parks, Ch. 10.
Sec. 4-3. Application for permit.
(a) Application for building permits shall be made to the building inspector and shall be accompanied by plans and specifications which show the work to be done. Such plans and specifications shall be verified by the signature of either the owner of the premises or the contractor in charge of the construction work. All plans shall bear the seal of a registered architect, except for the following: single- or two-family dwellings or any structure which does not have as its principal structural members reinforced concrete or structural steel or is two (2) stories or less and four thousand (4,000) square feet or less and is not a building of assembly.
(b) A completed application shall contain all necessary information as required by any applicable provision of any of the national codes containing the construction requirements as set forth in sections 4-8 through 4-10.
(Ord. of 10-1-90)
Sec. 4-4. Action on application.
(a) Upon submission of a completed application, the building inspector shall examine such document to determine if the proposed construction or alteration complies with the requirements set forth by the building, plumbing, electrical and life safety codes.
(b) The fire department shall review all permit applications and requests for certificates of occupancy to determine compliance with the fire prevention and life safety codes and shall file its report with the building inspector.
(c) Upon approval, a building permit shall be issued for construction, which is to begin within thirty (30) days from date of issue.
(Ord. of 10-1-90)
Sec. 4-5. Compliance with other ordinances and regulations.
No permit or certificate of occupancy issued pursuant to this building code shall be valid unless it complies with the provisions of the zoning ordinance, subdivision regulations, if applicable, and any and all pertinent regulations of the city.
(Ord. of 10-1-90)
Sec. 4-6. Inspections.
The code official shall make or cause to be made such inspections as deemed necessary to enforce this building code and to conduct tests or examinations of materials and methods used for the purpose of compliance with the code.
(Ord. of 10-1-90)
Sec. 4-7. Fees.
The minimum fees for building, electrical and plumbing permits shall be as follows:
(1) Residential additions . . . . . $1.00
(2) Residential alterations . . . . . 1.00
(3) Siding . . . . . 1.00
(4) Storage buildings . . . . . 1.00
(5) Garages/carports . . . . . 1.00
(6) Single-family dwellings . . . . . 10.00
(7) Two-family dwellings . . . . . 50.00
(8) Multifamily dwellings and condos, per unit . . . . . 50.00
(9) Institutional/commercial buildings . . . . . 50.00
(10) Industrial buildings . . . . . 50.00
(11) Industrial additions . . . . . 20.00
(12) Industrial alterations . . . . . 20.00
(13) Swimming pools (above and inground) . . . . . 1.00
(14) Use permits . . . . . 1.00
(15) Sign permits . . . . . 1.00
(16) Roominghouse/hotel/motel permits . . . . . 20.00
(17) Residential electrical permits:
a. Upgrade entrance . . . . . 1.00
b. Q.R. meters . . . . . 1.00
c. New dwellings . . . . . 1.00
(18) Commercial/institutional electrical permits . . . . . 50.00
(19) Industrial electrical permits . . . . . 50.00
(20) Plumbing permits:
a. Commercial/institution . . . . . 50.00
b. Commercial/industrial . . . . . 50.00
c. Residential . . . . . 1.00
(21) Commercial addition . . . . . 20.00
(22) Commercial alteration . . . . . 20.00
(23) Commercial building . . . . . 20.00
(Ord. of 10-1-90)
Sec. 4-8. Requirements.
(a) All work requiring a permit shall conform to the requirements contained in the following national codes, which are adopted by reference:
(1) BOCA National Building Code, 1987 Edition, as amended in section 4-10.
(2) BOCA National Plumbing Code, 1987 Edition, as amended in section 4-10.
(3) BOCA National Mechanical Code, 1987 Edition, as amended in section 4-10.
(4) NFPA 70, National Electrical Code, 1990 Edition, as amended in section 4-10.
(b) The provisions of this chapter or statutory requirements shall control over any inconsistent provisions of any of the national codes adopted herein.
(Ord. of 10-1-90)
Cross References: Fire department, § 2-301 et seq.; fire prevention and protection, Ch 6; housing, Ch. 8; mobile homes and mobile home parks, Ch. 10; utilities, Ch. 16.
Sec. 4-9. Modifications.
When there are practical difficulties involved in carrying out the provisions of any adopted national code, the building inspector may vary or modify such provisions, provided the spirit and intent of the law are observed and public welfare and safety are assured.
(Ord. of 10-1-90)
State Law References: Public hearing requirements, RSA 47:22.
Sec. 4-10. Additions, insertions, deletions and changes.
The following changes are made in the following codes:
(1) BOCA National Building Code, 1987 Edition.
a. Section 100.1 Title. These regulations shall be known as the building code of the city, hereinafter referred to as this code.
b. Section 103.4 Rehabilitation. Buildings existing before January 1, 1991, in which there is work involving repairs, alterations, additions or changes of use shall be made to conform to the code by applying the requirements of Article 32 or the provisions of Articles 2 through 31.
c. Section 109.1 Code official. The code official as referred to in these codes shall mean the health officer, building inspector or their designees.
d. Section 109.2 Appointing authority. The code official shall be appointed by the city manager. The code official shall not be removed from office, except for cause and after full opportunity to be heard on specific charges by and before the appointing authority.
e. Section 109.3. Delete in its entirety.
f. Section 109.4. Delete in its entirety.
g. Section 110.0 Duties and powers of the code official. This section is amended to include the following:
Section 110.9. The code official may request and shall receive so far as may be necessary in the discharge of his duties the assistance and cooperation of other officials of the municipality.
h. Section 117.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the code official or of a permit or certificate issued under the provisions of this code shall be guilty of a violation punishable by a fine of not more than one thousand dollars ($1,000.00) and not less than one hundred dollars ($100.00). Each day that a violation continues shall be deemed a separate offense.
i. Section 118.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop order, except such work as that person is directed to perform or to remove a violation or unsafe conditions, shall be liable to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each day the violation continues.
j. Section 122.0 Posting of structures. Delete in their entirety Sections 122.1 through 122.4.
k. Section 123.0 Board of survey. Delete in their entirety Sections 123.1 through 123.5.1.
l. Section 201.0 General definitions. Section 201.0 is amended to include the following definitions:
(a) Wherever the word "municipality" is used in the codes, it shall be held to mean the City of Berlin.
(b) Wherever the term "corporation counsel" is used in the codes, it shall be held to mean the city attorney.
(c) Wherever the term "inspector" is used in the codes, it shall be held to mean the health officer, building inspector or their designees.
(d) Wherever the word "person" is used in the codes, it shall be held to mean any individual, firm, partnership, association, corporation, company, society, club or organization.
(2) BOCA National Plumbing Code, 1987 Edition. As amended by the state plumbers board, by authority of RSA 329-A:15,I.
(3) BOCA National Mechanical Code.
a. Section 109.0 Code official. The code official shall be the health officer, building inspector or their designees.
b. Section 111.1. Mechanical work shall not be commenced until a building permit is issued.
c. Section 113.0 Conditions of permit. Delete in its entirety.
d. Section 114.0 Fees. Delete in its entirety.
e. Section 122.0. Delete in its entirety. This section is to be replaced by section 4-11.
(4) NFPA 70, National Electrical Code, 1990 Edition. As amended by the Electricians Board of the State of New Hampshire by statutory authority RSA 319-C:a.
(Ord. of 10-1-90)
Sec. 4-11. Building code board of appeals.
(a) There is hereby established a building code board of appeals, and the zoning board of adjustment is designated to act as that board of appeals, as provided in RSA 673:1. The building code board of appeals shall have the power, upon appeal filed with it by any person aggrieved by a decision of the building inspector dealing with this building code, to vary the application of any provision of the building code to any particular case when, in its opinion, the enforcement of the building code would do manifest injustice and would be contrary to the spirit and purpose of the building code and the public interest. These powers are from RSA 674:34, and it is intended that the board of appeals shall have such powers as conferred by law. Any person aggrieved by a decision of the board of appeals may appeal
the decision to the Coos County Superior Court as provided in RSA 677:16.
(b) Any appeal to the board of appeals shall be taken within fifteen (15) days from the date of the decision of the building inspector. The time, notice and manner of hearing before the board of appeals shall conform to the same requirements as the hearing before the zoning board of adjustment, except that no notice will be given to abutters.
(Ord. of 10-1-90)
Sec. 4-12. Fines and penalties.
Any person who appears to violate or fails to comply with the provisions of this chapter and referenced codes herein adopted shall have thirty (30) days upon notification to comply. After thirty (30) days, anyone found in violation of this chapter or the referenced codes shall be deemed guilty of a violation and shall be fined the amount of no less than one hundred dollars ($100.00) per day per violation. Each day the violations exist shall be considered a separate offense. Absence of any required permits or lack of compliance with any referenced codes shall be prima facie evidence of a violation.
(Ord. of 10-1-90)
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