PART SEVENTEEN - BUILDING AND HOUSING CODE
Art. 1705.     Administration; Permits and Fees.
Art. 1711.     West Virginia State Building Code.
Art. 1717.     Building Enforcement Agency.
Art. 1723.     Signs and Awnings.
Art. 1725.     Billboards.
Art. 1727.     Wireless Telecommunications Facilities.
Art. 1729.     Gutters and Drains.
Art. 1735.     Soil Erosion Control.
Art. 1741.     Floodplain Area.
ARTICLE 1705
Administration; Permits and Fees
1705.01   Building over water and sewer lines prohibited.
1705.02   Office of Building Inspector.
1705.03   Duties of Building Inspector.
1705.04   Definitions.
1705.05   Permits required.
1705.06   Fees.
1705.07   Abandonment; return of fee.
1705.08   Estimated cost.
1705.09   Expiration of permit.
1705.10   Front, side and back setback requirements.
1705.11   Technical submissions and construction administration services by registered architects or engineers.
1705.12   Right of entry.
1705.13   Single-family dwelling minimum requirements.
1705.99   Penalty.
 
CROSS REFERENCES
Permits for construction and inspection - see W. Va. Code  8-12-14
Municipal inspection - see W. Va. Code 8-12-15
 
1705.01  BUILDING OVER WATER AND SEWER LINES PROHIBITED.
   No person shall construct, alter or add on to and no building permit shall be issued for the  construction of, alteration of or addition to any building or structure within the City in any manner  or by any means which will result in any portion of the building or structure being located, placed or situated directly above or atop any existing public water or sewer line. The prohibitions and restrictions contained in this section shall be in addition to the provisions of the State Building Code and shall be applied notwithstanding any provision or reference in these Codified Ordinances  to the contrary.
(1960 Code 7-401A)
1705.02  OFFICE OF BUILDING INSPECTOR.
   There is hereby created an office of Building Inspector who shall be appointed by the Mayor with the advice and consent of Council. He shall continue in office during good behavior  and satisfactory service and shall not be removed from office except for cause, after full opportunity is given him to be heard, on all specific charges. During temporary absence or disability of the Building Inspector, the Mayor shall designate an acting Building Inspector.
(1960 Code 7-402)
1705.03  DUTIES OF BUILDING INSPECTOR.
   The Building Inspector shall receive applications required by the Building and Housing Code, issue building permits and furnish required certificates. He shall examine premises for which permits have been issued, and make such necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. He shall enforce all provisions of the Building Code hereby adopted. He shall, when required by proper authority or when public interest demands, make investigations in connection with matters contained in the Building and Housing Code and render written reports to the Mayor and Council of the City on the same.
(1960 Code 7-403)
1705.04  DEFINITIONS.
   (a)    Whenever the term "Municipality" is used in the Building and Housing Code, it shall be held to mean the City of Ripley and wherever the term "corporation counsel" is used, it shall be held to mean the attorney for the City of Ripley.
(1960 Code 7-404)
   (b)    Whenever the term "repair" is used in the Building and Housing Code, it shall be held to mean the reconstruction or renewal of any part of an existing building or structure for the purpose of its maintenance.
   (c)    Whenever the term "alter" is used in the Building and Housing Code, it shall be held to mean to change the type, nature or material used on any part of an existing building or structure for the purpose of its maintenance or general appearance.
(6-17-05)
1705.05  PERMITS REQUIRED.
   Any owner, authorized agent and/or contractor who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of any 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 covered by this code, or to cause any such work to be done shall first make application to the Building Inspector and obtain the required permit.
(6-17-05)
   No permit as required by the Building and Housing Code shall be issued until the fee prescribed herein shall have been paid and until the water and sewer tapping fee shall have been paid if the person building or having the building erected intends to connect to City water or sewer lines. (1960 Code 7-405)
1705.06  FEES.
   The fee for each building permit issued on or after the effective date of this section, as amended, shall be calculated in accordance with the following:
   Based upon the estimated cost of the construction or alteration of the building or structures:
 
Cost
Fee (per thousand)
First       $1,000
$ 5.00
Next       99,000
4.00
Next       400,000
3.00
Amount over   500,000
2.00
   In addition to the fee provided for above, a fee of ten dollars ($10.00) shall be assessed for inspection of the structure's electrical wiring and a fee of ten dollars ($10.00) shall be assessed for inspection of the structure's plumbing.
   In the event the building or structure is being constructed under a federal housing authority permit and the applicable federal inspection certificate and permit are filed with the Building Inspector, no inspection fee as provided for herein shall be charged.
(1960 Code 7-406, 7-406A)
   The fee for a building permit for installation of a modular home located upon a lot located with the City limits shall be the same as the building permit fee based on the estimated cost of site preparation, labor and installation.
(Passed 4-5-16)
1705.07  ABANDONMENT; RETURN OF FEE.
   In case of abandonment or discontinuance, the cost of work performed under a permit may be estimated and an adjustment in the building fee made and the portion of the fee for the incompleted work returned to the permit holder, provided that no refund of a prescribed minimum
fee shall be made. However, if such discontinuance is due to revocation of a permit an adjustment
and return may not be made until all penalties incurred or imposed by due authority have been collected. After a refund under this section has been made, no work shall again be resumed until a new application has been made and a new permit issued.
(1960 Code 7-407)
1705.08  ESTIMATED COST.
   The term "estimated cost" as used in this article means the reasonable value of all services, labor, material and use of scaffolding and other appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy; provided that the cost of  excavation where grading and painting, decorating and other working that is merely for embellishment or not necessary for the safe and lawful use of the building or structure shall not be deemed of such estimated cost.
(1960 Code 7-408)
1705.09  EXPIRATION OF PERMIT.
   Building permits issued under this article shall expire when no work is commenced within six months after issuance thereof and shall expire when the work commenced thereunder is abandoned for a period of more than one year and no work thereunder shall be commenced after a permit has expired until a new permit shall have been issued.
(1960 Code 7-409)
1705.10  FRONT, SIDE AND BACK SETBACK REQUIREMENTS.
   No house or residential building, addition thereto or alteration thereof, shall be constructed and no building permit shall be issued for any such construction, which will result in any portion of the house or residential building being located, placed or situated within less than five feet of the nearest front, back or side boundary line of the real estate on which it is built. The restriction provided for herein shall not apply to any structure built, or for which a proper building permit application has been submitted, prior to the effective date of this section. No variance from or exception to the restriction provided for in this section may be granted or approved, except as provided for and in conformance with all standards and requirements set forth in the Zoning Code.
(1960 Code 7-411)
1705.11  TECHNICAL SUBMISSIONS AND CONSTRUCTION ADMINISTRATION SERVICES BY REGISTERED ARCHITECTS OR ENGINEERS.
   There are hereby adopted, approved and incorporated by reference herein to be applied within the corporate limits of the City, the requirements that technical submissions and construction administration services for building projects be furnished by registered architects or registered engineers in those circumstances, and subject to those definitions and exceptions set forth in West Virginia Code Article 30-12.
(Ord. 1960 Code 7-412)
1705.12  RIGHT OF ENTRY.
   The Building Inspector or any of his designated agents may at any reasonable hour, enter any dwelling, multifamily dwelling, building, structure or premises within the City to perform any duty imposed on him by this Building and Housing Code, provided that permission to enter is obtained from the occupant or in the case of unoccupied property, from the owner or his agent. lf such permission is refused or is otherwise unobtainable, a search warrant must be obtained before such entry or inspection is made, except in the case of an existing emergency in which case entry may be made at any time and no search warrant is necessary. No person shall refuse to permit such emergency entry or inspection, nor shall any person hinder, obstruct, resist or abuse any person making or attempting to make such entry or inspection.
1705.13  SINGLE-FAMILY DWELLING MINIMUM REQUIREMENTS.
   All single-family dwelling units shall comply with the following design standards  regardless of the zoning district in which it is located.
   (a)    Roof pitch shall be a minimum of 4:12.
   (b)    Roof material shall be of a type that is in compliance with the West Virginia State Building Code and the City Building Code (Article 1711).
   (c)    Roof overhang or eaves shall be designed for a minimum of eight inches as measured from the vertical side of the building and not including rain gutters, which are required.
   (d)    The unit's exterior finish shall be wood siding, vinyl siding, composite siding (cement board), stone, brick or other material compliant with the City Building Code or the West Virginia State Building Code and approved by the City Building Inspector.
   (e)    A permanent masonry foundation is required in accordance with the City Code for manufactured housing units and shall be constructed using the same standards for other residential dwellings in connection with footers and drainage; all tow bars, axles, and wheels shall be removed. The housing unit shall rest on a required center support and meet tie-down requirements of the West Virginia State Building Code and City Code.
   (f)    No housing unit shall be less than twenty-eight feet in width and fifty-six feet in length (28'0" x 56' 0") or have less than 1,500 square feet of living area.
      (6-6-06)
1705.99  PENALTY.
   Whoever violates any provision of this Part Seventeen - Building and Housing Code for which no other penalty is provided, shall be fined one thousand dollars ($1,000.00) for each offense and a further sum of five hundred dollars ($500.00) for each and every month such failure to comply continues beyond the date of the original citation or notification of noncompliance and/or imprisoned not more than thirty days, or both.  (9-5-06)