In addition to the other sections contained in each Code adopted by the State Fire Commission and/or State Fire Marshal, the following shall apply:
(a) No person shall perform any improvement, repair, construction, demolition, excavation, remodeling, erection or otherwise perform work on any premises within the City unless such person first obtains a building permit from the Code Official or his authorized representative.
(b) No owner of premises, either as a person, business entity, or other within the City shall use or occupy or authorize the use or occupancy of a vacant structure, a structure becoming vacant, or a structure newly constructed without first obtaining a use and occupancy certificate from the Code Official or his authorized representative. The Code Official shall have the right to attach such conditions in the granting of the use and occupancy certificate as required to make the use and occupancy of the structure safe, sanitary and otherwise in conformance with applicable law.
(c) The Code Official or any licensed representative of his department is hereby authorized to conduct inspections at any reasonable time pursuant to the issuance, renewal or revocation of a building permit or a use and occupancy certificate under this section. The fee schedule for inspections of electrical service shall be as follows and shall be collected in the same manner as provided hereinafter in subsection (f) hereof: fifty dollars ($50.00) for single-phase inspection and one hundred dollars ($100.00) for three-phase inspection. For new construction or demolition, an inspection fee of one hundred dollars ($100.00) for asbestos assessment, along with sample analysis fees, shall apply.
(d) The Code Official or any licensed representative of his department is hereby authorized to design written applications for the issuance and renewal of building permits and use and occupancy certificates under this section and shall have the right to promulgate reasonable rules and regulations for the implementation of such applications.
(e) Whoever violates the terms of a permit or certificate issued under this section or submits a false or inaccurate application shall be subject to the revocation of such permit or certificate and/or a stop work order. Stop work orders and revocation notices shall be issued by and at the discretion of the Code Official or his licensed designated representative upon proper investigation of facts and circumstances demonstrating work regulated by this code has been or is being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner. Any stop work order or revocation shall state the reason for the order and the conditions under which the cited work is authorized to resume.
(f) The following fee schedule shall be eflective for building permits issued from the effective date of this Ordinance. Fees shall be collected by the Director of Finance at the time application for a permit is made. The Director of Finance shall have the authority to appoint a collection agent.
Cost of Work Performed | Fee |
$0.00 to $99.99 | $12.00 |
$100.00 to $499.99 | $18.00 |
$500.00 to $1,000.00 | $25.00 |
Each additional $1,000.00 or fraction thereof under $10,000.00 | $12.00 |
Each additional $1,000.00 or fraction thereof over $10,000.00 | $12.00 |
Maximum permit fee | $30,000.00 |
There will be a minimum 48-hour waiting period after a permit application is made prior to the issuance of a permit for any amount greater than $20,000.00.
(g) The fee schedule for a use and occupancy certificate under this section shall be as follows and shall be collected in the same manner as provided in the preceding subsection (f) hereof: $20.00 upon issuance of a certificate of occupancy for existing one and two family dwellings and $100.00 upon issuance of a certificate for a multi-family unit (R-4), commercial Property, industrial property, and for all new construction.
(Ord. 20-16. Passed 3-19-20.)
(h) Whoever makes application for a building permit or use and occupancy certificate and willfully makes false or inaccurate statements with the intent of evading the requirements of this section is guilty of a misdemeanor. Whoever performs work without first obtaining a building permit when such work requires a building permit under this section or uses or occupies a structure without first obtaining an occupancy certificate when such use or occupancy certificate is required under this section is also guilty of a misdemeanor.
(i) Whoever fails to obtain a building permit or use and occupancy certificate as required under this section, or has a permit or certificate revoked under this section, or submits a false or inaccurate application for a permit or certificate, shall be assessed an administrative surcharge of one hundred dollars ($100.00), in addition to payment of the required fees, at such time that all requirements of this section are met and a valid permit or certificate becomes issued. The collection and administration of the foregoing surcharge shall be the same as provided in subsection (f) hereof.
(j) "Person" as used in this section for purposes of obtaining a building permit includes any owner of the premises whereupon work is performed, the contractor or builder in charge of such work, or an agent of the owner at whose insistence the work is performed. The City may require any or all of the foregoing persons to make payment for building permit fees under this section. For a construction project, the City will require each contractor to obtain a separate permit for each phase of the work on the project. However, the City shall be prohibited from collecting building permit fees in excess of the schedule of the value of the work performed upon any given premises.
(k) No building permit will be issued to any contractor who does not possess a valid State of West Virginia contractor's license or who does not possess a valid City contractor's license. No permit will be issued to any person wishing to employ an unlicensed contractor. A permit for a commercial improvement in excess of $25,000.00 will not be issued until the contractor provides a written certified list of all contractors who will perform work on such property, or a certified statement that no subcontractors will be hired.
(l) The Clarksburg Water Board, Harrison County Board of Education and Harrison County Commission are not required to make application and obtain a building permit when one is required under this section. However, the Clarksburg Water Board, Harrison County Board of Education and Harrison County Commission shall submit a certified statement to the City listing all contractors to be employed for any work otherwise subject to a building permit under this section. Provided, That no such permits may be required of the state, a county or other governmental entity, its contractors, agents or employees for the erection, construction, repair or alteration of any structure or of any equipment or part of a structure designated for use by the state, a county or other governmental entity.
(m) The City Engineer, with the written approval of the City Manager, may waive the payment of the required fee for any permit issued to repair or rebuild a commercial structure damaged by fire, flood, or lightning where the cost to repair or rebuild the commercial structure will exceed one million dollars.
(n) Violation Penalties. Any person who shall violate a provision of this article or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws.
(1) Whoever violates a provision of this article pursuant to this section shall be fined not less than two hundred and fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
(2) Whoever violates the same provision of this article previously fined under subsection (n) hereof for the second time shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).
(3) Whoever violates the same section of this article previously fined under subsection (n) hereof for the third, and each consecutive time, shall be fined not less than one thousand dollars ($1,000.00) nor more than three thousand dollars ($3,000.00).
(Ord. 14-8. Passed 7-31-14.)