Editor's note



Download 27.66 Kb.
Date conversion10.07.2017
Size27.66 Kb.
Chapter 7 BUILDINGS AND BUILDING REGULATIONS*

          


*Editor's note  Ord. No. 526, § 1, adopted April 4, 1995, amended Ch. 7 in its entirety to read as herein set out. Prior to amendment, Art. II, §§ 7-16  7-19, and Art. III, §§ 7-31  7-35, pertained to the building and mechanical codes, respectively, and derived from Ord. No. 298, §§ 1  4, 11  15, adopted Nov. 5, 1974; Ord. No. 415, § 1, adopted Oct. 15, 1985; Ord. No. 451, adopted Nov. 21, 1989, and Ord. No. 468, adopted Oct. 2, 1990.
Cross reference(s)  Civil defense, Ch. 8; fire prevention and protection, Ch. 10; health and sanitation, Ch. 12; streets, sidewalks and other public places, Ch. 19; contractors excise tax, § 19.5-46 et seq.; utilities, Ch. 21; planning and zoning commission, App. A; zoning ordinance, App. B; floodplain management, App. C; subdivisions, App. D.

          


Article I. In General
Secs. 7-1  7-15. Reserved.
Article II. Building Code

Sec. 7-16. Adoption of Uniform Building Code.

Sec. 7-17. Conflicts.

Sec. 7-18. Zoning; setback, building compliance.

Sec. 7-19. Building permit application.

Sec. 7-20. Building permit fees.

Sec. 7-21. Setback investigation.

Sec. 7-22. Property boundaries.

Sec. 7-23. Building permit  When required.

Sec. 7-23.1. Same  Authority to issue.

Sec. 7-24. Construction responsibility.

Sec. 7-25. Covenants/restrictions.

Sec. 7-26. Demolition of buildings.

Secs. 7-27  7-30. Reserved.
Article III. Mechanical Code
Sec. 7-31. Adoption of Uniform Mechanical Code.

Sec. 7-32. Conflicts.

Sec. 7-33. Construction responsibility.

Sec. 7-34. Standards.


ARTICLE I. IN GENERAL
Secs. 7-1  7-15. Reserved.
ARTICLE II. BUILDING CODE*
          

*State law reference(s)  Authority to regulate building construction, SDCL 9-33-4.

          


Sec. 7-16. Adoption of Building Codes.

(a) Adoption of 2006 International Building Code. The International Building Code, 2006 edition, including Appendix C and Appendix I as published by the International Code Council Inc., and amendments and additions thereto as provided in a separate document entitled Building Code for the City of Dell Rapids are hereby adopted by the City of Dell Rapids as provided by South Dakota Codified Laws Chapter 9-33-4.1 for regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures and providing for issuance of permits and collection of fees therefore. The minimum building standards in the 2006 editions of the International Building Code and amendments thereto shall be applied to any building permit issued after February 24, 2009. A printed copy of such code and additions and amendments thereto is on file with the Municipal Finance Officer.

(b) Adoption of 2006 International Residential Code. The International Residential Code, 2006 edition—including Appendix E, Appendix G, and Appendix H—as published by the International Code Council Inc. and amendments and additions thereto as provided in a separate document entitled Building Code for the City of Dell Rapids are hereby adopted as the residential building code by the City of Dell Rapids as provided by South Dakota Codified Laws Chapter 9-33-4.1 for regulating the design, construction, quality of materials, erection, installation, alteration, movement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and town houses not more than three stories in height with a separate means of egress and their accessory structures, and providing for issuance of permits and the collection of fees therefore. The minimum building standards in the 2006 edition of the International Residential Code and amendments thereto shall be applied to any building permit issued after February 24, 2009. A printed copy of such code and additions and amendments thereto is on file with the Municipal Finance Officer.

(c) Adoption of 2006 International Existing Building Code. The International Existing Building Code, 2006 edition, including Appendix A, Referenced Standards, and Resource A, Guidelines on Fire Ratings of Archaic Materials and Assemblies, as published by the International Code Council Inc., and amendments and additions thereto as provided in a separate document entitled Building Code for the City of Dell Rapids are hereby adopted by the City of Dell Rapids as provided by South Dakota Codified Laws Chapter 9-33-4.1 as an alternate for regulating and governing the repair, alteration, change of occupancy, addition, and relocation of existing buildings, including historic buildings, as herein provided and providing for issuance of permits and collection of fees therefore. The alternate minimum building standards in the 2006 edition of the International Existing Building Code and amendments thereto shall be applied to any building permit issued after February 24, 2009. A printed copy of such code and additions and amendments thereto is on file with the Municipal Finance Officer. (Ord. No. 723, § 1, 2-2-09)

Sections 7-31, 7-32, 7-33, 7-34 and 10-16 of the Revised Ordinances of the City of Dell Rapids, South Dakota, are hereby repealed.

(Ord. No. 723, § 2, 2-2-09)

State law reference(s)  Authority to adopt technical codes by reference, SDCL 9-19-7; authority to adopt Uniform Codes, SDCL 9-33-4.1.
Sec. 7-17. Conflicts.

In the event of any conflict between the provisions of the Uniform Building Code, and the provisions of this chapter, or between the provisions of the Uniform Building Code and any county, state or federal law or regulation, the provisions of this chapter, or other governmental authority shall prevail and be controlling, and the Uniform Building Code, when applied to any situation under the jurisdiction of the city, shall be deemed to be amended, accordingly.

(Ord. No. 526, § 1, 4-4-95)
Sec. 7-18. Zoning; setback, building compliance.

The city council shall employ or appoint a person or persons, either employed by the city or as (an) independent contractor(s), the function of which shall be to oversee that construction within the city or within the zoning jurisdiction of the city meets all zoning laws and regulations including setback requirements and all building code laws and regulations. The municipal finance officer, as the zoning administrator may serve as the zoning compliance person, with another person or persons to be employed or appointed as building inspector.

(Ord. No. 526, § 1, 4-4-95)

Sec. 7-19. Building permit application.

Prior to the commencement of construction that might require the issuance of a building permit under the requirements of this chapter, the person desiring the construction, or his or her primary contractor, shall submit an application to the zoning administrator for such zoning/building permit. The application shall be on a form provided by the zoning administrator, and the applicant shall provide all information required on the form and any other information required by the zoning administrator. In the event of a dispute over responsibility for the application and/or accuracy thereof, the property owner(s) on which the construction is proposed shall be finally responsible for the same.

(Ord. No. 526, § 1, 4-4-95)

Sec. 7-20. Building permit fees.

A fee for each building permit shall be paid to the municipal finance officer at the time of submission of the application, according to the fee schedule from time to time adopted by the city council. Where work for which such permit is required is started prior to obtaining the permit, the fee may be doubled, unless such doubling is, for good cause, waived by the city council; but the payment of such double fee shall not relieve any persons from fully complying with all requirements of law in the execution of the work nor from any other penalties, nor shall any person be deemed entitled to continue with any work without obtaining the necessary permit therefore.

(Ord. No. 526, § 1, 4-4-95)
Sec. 7-21. Setback investigation.

Following submission of the zoning/building permit application, and upon a determination that the construction and use would meet the appropriate zoning classification, the city's building inspector shall arrange with the property owner(s) or contractor to make an onsite inspection of the premises to verify the appropriate setback requirements and compliance therewith. Once the setback has been approved the owner(s) or contractor shall make no deviations from the same without further approval from the city's building inspector. If the construction is of such a nature that a physical inspection of the premises is not necessary (reshingling, interior remodeling, residing, etc. such that the setbacks will not be changed or altered), the city may, if it chooses, waive the on-site inspection.

(Ord. No. 526, § 1, 4-4-95)

Sec. 7-22. Property boundaries.

For any onsite setback inspection, the property owner(s) or contractor shall attempt to locate the property line(s) and boundary areas necessary for the city building inspector to make his or her appropriate determination. In addition, the building inspector shall use the means and maps of the city reasonably at his or her disposal to make a reasonable effort to locate the same. If the property line/boundary areas are not located following reasonable means and inspection, the city building inspector, or the city council, may require the property owner(s) or contractor, at the owner's or contractor's expense, to hire or retain a registered land surveyor or engineer to do a survey of the property or to otherwise locate the property line(s) or boundary areas. Once the boundaries are found and setback compliance has been obtained, the property owner(s) and contractor may proceed with construction.

(Ord. No. 526, § 1, 4-4-95)

Sec. 7-23. Building permit  When required.

A building permit shall be required for each construction, remodeling, improvement or the like:


(1) Involving and exterior change of dimensions of an existing structure, such as an addition, deck, attached garage, or the like, regardless of cost of improvement;

(2) Any new home, building or other structure construction including detached garage, storage shed, or the like, regardless of cost of improvement;

(3) The moving in and relocation of any home, building or other structure onto a new foundation or location, regardless of cost of improvement; and

(4) Involving repair, remodeling or maintenance (even though no new improvement is involved) of a cost anticipated to be in excess of one thousand dollars ($1,000.00), including material and labor; and if the labor is anticipated to be done by the owner, family, friends, or otherwise gratis, the labor shall have an assigned cost or value equal to that if the project had been hired done.

(Ord. No. 526, § 1, 4-4-95)
Sec. 7-23.1. Same  Authority to issue.

Notwithstanding any provision of the Uniform Building Code or any other provision of this Code of Ordinances, building permits shall be issued by the building inspector for the following zoning districts:


R-1 Single-Family Residential

R-2 Two-Family Residential

R-3 Medium Density Residential

R-4 High Density Residential

R-M Mobile Home Park

Building permit applications for all other zoning districts shall first be referred to the city planning and zoning commission for its approval or rejection, before review by the building inspector.”

(Ord. No. 547, § 1, 4-4-97, Ord. No. 606, § 1, 9-18-00)

Sec. 7-24. Construction responsibility.

The responsibility for the accuracy and quality of any construction within the city or within the city's jurisdiction to regulate the same, including the responsibility for full compliance with the Uniform Building Code, shall be that of the property owner(s) and his or her contractor(s), and any dispute involving any such matter shall be a private dispute between the parties involved. The city's involvement and jurisdiction in building matters shall be limited to zoning compliance, setback regulation and activities of the building inspector under the direction of the city. The building inspector shall be involved in the limited areas of setback regulation, the inspection or examination of footings, basic structural framing inspection (where applicable and deemed necessary), final general inspection before occupation, and any other nontechnical inspection as directed by the city or which the building inspector deems appropriate. The building inspector is not an expert in nor does he or she inspect for electrical work, heating, plumbing, cooling and overall workmanship each project.

(Ord. No. 526, § 1, 4-4-95)
Sec. 7-25. Covenants/restrictions.

In the determination of zoning compliance, the city does not certify as to compliance with any covenants or restrictions or the like that may exist or may have been placed on the affected property by any prior property owner or developer by way of declaration, deed or otherwise. Any such matter is the responsibility of the property owner(s) to know or discover and to be in compliance with.

(Ord. No. 526, § 1, 4-4-95)

Sec. 7-26. Demolition of buildings.

No person shall demolish or wreck a building or structure unless such person shall first have obtained a permit for said wrecking from the municipal finance officer and has complied with the following:


(1) Bond. Any person filing an application for a wrecking permit may be required by the city council to file a bond in the form and amount as specified by the council to ensure the safety of surrounding properties and persons.

(2) Insurance policy in lieu of bond. Any person filing an application hereunder may, in lieu of the bond provided above, file a certificate or copy of a liability insurance policy, issued by an insurance company authorized to do business in the state, in form and amount(s) as specified by the council.

(3) Bond/insurance waiver. The city council, for good cause may waive the bond and insurance requirement.

(4) Utilities. Before a wrecking permit can be issued, the applicant must satisfy the city that all affected utilities have been contacted and that their approval has been obtained. The applicant must assure the city, in writing if required by the city, that he or she will work with and coordinate with all utilities to ensure the same are properly and timely disconnected without damage to the same.

(5) Fees. The applicant shall submit a fee of twenty-five dollars ($25.00) at the time of application. The fee may be waived for unsalvageable, worn-out, one-story buildings of less than six hundred (600) square feet floor space, provided that the building is not being wrecked under order of condemnation.

(6) Date and time. The applicant shall notify the city of the date and time of demolition, and any change in any such date and time.

(7) Demolition. The applicant shall comply with all city, state and federal rules and regulations and ensure proper safety of surrounding properties and persons.

(8) Demolition project abandoned. When a demolition or wrecking project has been abandoned or is found unsafe by its neglected or unprotected condition, the city council may order the unsafe conditions corrected. Upon failure of the owner or contractor to comply with the order of the city within seven (7) days thereof, the city may order the building or structure to be demolished to the extent of the work covered by the wrecking permit, the premises cleaned and suitable drainage grades established, the cost of such demolition, cleaning and grading to be assessed to the property as provided by law.



(Ord. No. 526, § 1, 4-4-95)
Secs. 7-27  7-30. Reserved.




The database is protected by copyright ©hestories.info 2017
send message

    Main page