A. Permit Required: Before any building or structure is erected, constructed, moved, expanded or structurally altered within the incorporated boundaries of the city, a building permit issued by the city code enforcement officer is required.
B. Application Submitted: Any person(s) proposing an action for which a building permit is required must submit a building permit application, provided by the code enforcement officer, with the proper review fee and required accompanying materials and information. The required materials and information include:
1. A scale drawing showing the dimensions of the lot and locations of existing and proposed structures.
2. The name of the property owner and the legal description of the lot.
3. The proposed use of the land, building or other structures situated on the property.
4. Other information that may be required by the code enforcement officer.
C. Review Of Application:
1. Upon receipt of a complete building permit application, the code enforcement officer shall review the application and plans to determine whether the proposed activity complies with the uniform building code, uniform mechanical code, and other applicable codes and regulations. The code enforcement officer also shall submit copies of the application and plans to other affected city departments for their review and approval before issuing a building permit. The code enforcement officer shall complete the review and act to issue or deny the building permit within thirty (30) days of submittal of a complete application.
2. The code enforcement officer may, in certain cases, request the assistance of the Montana building code bureau, or other state agency or professional consultant in reviewing a building permit application. In such a case, the code enforcement officer must act on issuing or denying a building permit within forty (40) days of submittal of a complete application.
D. Expiration Of Issued Permit; Suspension Or Revocation:
1. Expiration: A building permit issued under this chapter is valid for one hundred eighty (180) days from the date of issuance, unless construction has begun. Once construction has begun, if construction is suspended or abandoned for more than one hundred eighty (180) days, the building permit will expire. Upon expiration of a building permit, a new building permit must be obtained under these procedures before construction may resume.
2. Suspension Or Revocation: The code enforcement officer may, in writing, suspend or revoke a building permit whenever the permit is issued in error, was issued on the basis of incorrect information, or is in violation of the building codes ordinances or any other pertinent regulation.
E. Inspections; Right Of Entry; Stop Orders:
1. The code enforcement officer will conduct inspections of the proposed activity before and during construction to ensure the work is in compliance with this chapter. Where other departments or agencies require inspections, the code enforcement officer will ensure that those inspections are conducted in a timely manner that will not cause undue delay in construction.
2. Right Of Entry; Liability: The code enforcement officer has the right to enter on property subject to a building permit to conduct inspections as needed. All construction work must remain accessible and exposed for inspection purposes until approved by the code enforcement officer. Neither the code enforcement officer nor the city shall be liable for any expense entailed in the removal or replacement of any materials required to allow inspection.
3. Stop Orders: Whenever the code enforcement officer finds that construction or installation work does not comply with this chapter, he will inform the applicant or owner in writing and orders any further construction or work to cease until the plans or the construction work, or both, conform to the requirements of this chapter.
F. Certificate Of Occupancy: When the code enforcement officer determines that the completed work complies with this chapter, he will issue a certificate of occupancy, which notifies the applicant that the work has been approved and that the affected buildings or structures may be occupied or otherwise used as indicated in the building permit application. All inspections and issuance of certificates of occupancy will be conducted in accordance with sections 305 through 307 of the uniform building code.
G. Reviewing And Approving Factory Built Buildings: Factory built buildings that have been approved by the building codes bureau are subject to inspection and the requirements under this chapter only for purposes of utility connections and foundations and zoning compliance.
H. Liability: The code enforcement officer or other representative of the city, acting in good faith and without malice in the discharge of their duties under this chapter, shall not be rendered personally liable for damages that may accrue to persons or property resulting from actions or omissions by city personnel. The city will defend any city representative against a lawsuit alleging damages because of an action or omission by a city representative discharging duties under this chapter. (Ord. 02-02, 6-25-2002, eff. 7-25-2002)