§ 151.21 BUILDING CODE.
   (A)   Application for permits; record.
      (1)   A building permit shall be obtained for:
         (a)   Construction or location of new Class 1 and Class 2 structures;
         (b)   Construction of additions to Class 1 and Class 2 structures including, but not limited to, rooms, porches, decks or enclosure of existing structures;
         (c)   Construction or location of accessory structures and additions to accessory structures including, but not limited to, garages, carports, sheds, storage buildings, pergolas or gazebos;
         (d)   Replacement of any existing structure which, if new, would require a building permit under this section;
         (e)   Construction of new roof projections or structural changes to a roof;
         (f)   Location of a manufactured home; and
         (g)   Work which requires state design release, including, but not limited to, interior commercial renovation.
      (2)   (a)   A building permit is not required for:
            1.   Construction or location of an agricultural building on a tract of land greater than or equal to ten acres in size;
            2.   Construction or location of a livestock building if the livestock operation is registered with the Department;
            3.   Construction or location of a grain bin; and
            4.   Construction or location of an accessory structure under 200 square feet in size.
         (b)   In the absence of a building permit, an improvement location permit is still required in accordance with the town’s Zoning Ordinance.
      (3)   (a)   All applications for building permits shall be filed with the Department on forms provided by the Department, with one set of plans and specifications showing and describing the work to be done.
         (b)   The plans and specifications shall include all items necessary for the Department to determine the compliance of the proposed work with applicable land use and building regulations, including:
            1.   A site plan of the property upon which, or to which, the building or structure shall be constructed or placed, showing all property line dimensions; streets, alleys and other rights-of-way; recorded easements; utility and telephone lines (both overhead or underground); legal drains or open ditches; existing and proposed buildings and structures; all setback lines; height, width and depth of the proposed building or structure; parking areas; and landscaping when required by town ordinances;
            2.   Building floor plans, showing the location of all walls, electrical outlets, plumbing fixtures, doors and windows; and
            3.   Any additional information requested by the Department which relates to compliance review, which may include engineered plans.
      (4)   No building permit shall be issued for any building or structure which requires plan review by the office of the state’s Department of Homeland Security (IDHS), Fire and Building Safety Division, until a copy of the approved design release, along with an electronic and/or hard copy of the full set of building plans, are submitted to the Department.
      (5)   The Department shall endeavor to review, and make a determination on all applications within 72 hours of filing. The review period may extend beyond 72 hours where circumstances require additional review.
      (6)   Upon receipt of the completed permit application with required state approvals and releases, payment of permit foes as required by this subchapter and, if the proposed project otherwise conforms to applicable law, a building permit shall be issued in the name of the applicant. The applicant shall then be provided a building permit card authorizing the work to commence, and to be utilized by the Building Commissioner to record completed inspections. The building permit card shall be prominently posted on the property at all times, protected from the elements, and no inspection shall be completed in the absence of such posting.
      (7)   A permit, when issued, shall be for such installation or construction as is described in the application and no deviation shall be made from the installation so described.
      (8)   The Department shall keep a record of all permits issued within the town.
      (9)   If the work described in the building permit has not been fully completed within two years from the date of issuance, the permit shall expire. Further work shall not proceed unless a new permit is obtained.
   (B)   Building permit fee schedule.
      (1)   All applicants for building permits shall, prior to the issuance of such permit, pay fees as outlined in the building permit fee schedule, as adopted and amended by the Town Council.
      (2)   Should any work which requires a permit commence prior to said permit being issued, the regular permit fee shall be doubled. Violations of this section are in addition to other remedies and penalties herein provided.
   (C)   Building inspections.
      (1)   The Building Commissioner shall be responsible for the completion of all required inspections which shall be indicated on the building permit card.
      (2)   The permittee shall contact the Department and schedule an inspection when work, for which an inspection is required or requested by the Building Commissioner, is complete and such notice shall be given as follows:
         (a)   Four hours prior to the earliest time an inspection is requested for footers, foundations or concrete slabs;
         (b)   For all other inspections, notice must be provided no less than 24 hours before an inspection is requested; and
         (c)   Inspections of all framing, fire blocking, bracing, all pipes, chimneys, rough electric, rough plumbing and all heating wires, pipes and venting shall be performed during one inspection. The Department shall not schedule inspections for any of the above mentioned components separately.
      (3)   The Department shall endeavor to schedule all inspections as requested; however, priority is given to inspections which involve an immediate life safety issue and on a first call-in basis.
      (4)   If a footer, foundation or slab inspection has not been completed within one hour of the time set by the Department, the permittee may pour concrete and continue work on the footer, foundation or slab; provided, the work has been completed in compliance with applicable law.
      (5)   (a)   The Department may assess a re-inspection fee for:
            1.   Requested footer, foundation or slab inspections not cancelled at least one hour prior to the earliest scheduled time requested for an inspection;
            2.   Other requested inspections not canceled at least three hours prior to the earliest scheduled time requested for an inspection;
            3.   Work not completed by the time requested for inspection; and
            4.   Work not in compliance with applicable codes.
         (b)   The re-inspection fee shall be paid prior to a re-inspection being scheduled.
      (6)   The Building Commissioner shall note the passing of each inspection, or the deficiencies and/or corrective work required, on the permit card at the time of inspection. A re-inspection shall be requested by the permittee once connective work is completed and must pass inspection prior to any additional work being completed which would affect the completion of the required inspection. The Building Commissioner may require engineering analysis at the expense of the permittee to certify that the work has been completed in compliance with applicable law.
   (D)   Certificate of occupancy.
      (1)   (a)   No change or expansion of use, or of occupancy, of any existing or newly constructed building or structure shall take place without a certificate of occupancy issued by the Department. This provision shall not apply to changes in occupancy that relate only to ownership or possession rights and do not otherwise affect usage.
         (b)   All new businesses occupying tenant space shall contact the Department to schedule an inspection for a certificate of occupancy for the new business/commercial use.
      (2)   A temporary certificate of occupancy may be issued for a period not exceeding six months upon a determination by the Building Commissioner that a need exists and there is no immediate danger to the public health, safety and welfare. The Building Commissioner may impose reasonable conditions as a part of the temporary approval. Reasonable conditions shall include only those requirements of applicable law, which have not been completed by the permittee and/or property owner when a certificate of occupancy is requested.
      (3)   If a building permit has been issued in connection with a change covered by this section, no additional fee shall be assessed for the certificate of occupancy. If no permit is required for the change, no fee shall be assessed for the certificate of occupancy. Should a change which requires a certificate of occupancy occur without a certificate of occupancy being issued, the Department may assess a penalty of $15.
      (4)   No certificate of occupancy shall be issued, except after compliance with all applicable state and local law as determined by the Building Commissioner after required inspections.
(Ord. 2017-6, passed 9-5-2017)