16.04.340: BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY REQUIRED:
   A.   It shall be unlawful for any developer or owner to sell any portion of an approved development without informing the prospective buyer or builder that occupancy will not be permitted until all required improvements are completed. Certificates of occupancy may not be obtained until all permanent improvements are installed and approved by the City. It shall be unlawful to occupy any building in a subdivision, condominium, SRD, site plan or other development without a certificate of occupancy which may only be obtained after completing the following requirements:
      1.   Approval of all affected agencies and City departments has been given.
      2.   Satisfactory bonding and guarantees for installation of public improvements have been submitted and approved.
      3.   Water, sewer and all other public utilities are provided to the subject lot or parcel and are approved and accepted by the City and affected agencies.
      4.   All public streets required for and contained in the development have been improved with curb, gutter, park strip, sidewalk and paving according to City standards. Paving may be delayed due to season in order to obtain a building permit; provided, that an acceptable temporary road surface is installed to City standards and approved by the City.
      5.   All improvements and requirements for the development, including, but not limited to, fire protection, storm drainage, lighting and fencing have been installed and approved according to City standards.
      6.   All conditions and requirements of approval are satisfied, including recording of plats, dedication of water shares and/or property and recording of agreements or easements.
      7.   All landscaping, paving, screening and other miscellaneous improvements have been installed according to plans and approved by the City. Landscaping improvements may be delayed because of season and a certificate of occupancy issued; provided, that a cash bond in the amount of the landscaping improvements has been paid to the City.
   B.   Building permits may be issued for model homes on a case by case basis with approval of the City Engineer, Fire Marshal and building official. Model homes may not be sold until all conditions for occupancy in the development have been satisfied.
   C.   Building permits shall not be issued in a development until the following requirements are completed to the satisfaction of the City Engineer and the City Fire Marshal:
      1.   Paved surface shall be completed within one hundred fifty feet (150') of the structure to be permitted.
      2.   Streets within residential developments, both public and private, shall be paved.
      3.   Drivable access from the pavement to the structure for any development other than single-family residential development shall be completed.
      4.   Street signs shall be erected at all street corners within the project.
      5.   Sidewalks shall be completed.
      6.   Water systems shall be completed, operational, and accepted by the City Engineer including the placement of fire hydrants and meter set per City standards.
      7.   Approvals of all affected agencies and/or City departments have been given.
      8.   Recording of plats, dedication of water shares and/or property and recording of agreements or easements have been accomplished.
      9.   All fees associated with the development have been paid.
      10.   Satisfactory bonding and guarantees for installation of public improvements have been submitted and approved.
      11.   Water, sewer and all other public utilities are provided to the subject lot or parcel and are approved and accepted by the City and affected agencies.
      12.   The requested building permit has been approved by the Fire Department and other City departments.
   D.   A permit applicant may appeal the foregoing requirements by following the process outlined hereinafter:
      1.   A formal written and signed appeal shall be submitted to the City Engineer and contain the following:
         a.   A full explanation of the issue to be appealed.
         b.   The purpose or basis for the appeal.
         c.   A schedule outlining when the appealed items will be brought up to the requirements of the City.
      2.   An Appeals Board will review the request within ten (10) working days from the date of submittal.
      3.   The Appeals Board shall consist of the following City employees or their designee(s):
         a.   The City Engineer.
         b.   The Public Services Director of Operations.
         c.   The chief building official.
         d.   The City Fire Marshal.
      4.   The Chairman of the Appeals Board is hereby designated as the City Engineer.
      5.   The appeal shall be either approved or denied in writing by the Appeals Board.
      6.   The applicant may request a review of the decision of the Appeals Board within ten (10) working days from the date of the letter rejecting the appeal. The request for review shall be submitted to the City Manager who will render a final decision. The City Manager's decision shall be in writing. A copy of the written decision shall be provided to the Chairman of the Appeals Board who will then forward a copy to the appellant and the other members of the Board.
      7.   Certificates of occupancy will not be granted until all items listed in subsection A of this section are completed.
   E.   Work requiring permits and inspections which has been performed prior to the required City approvals shall be required to comply with all City codes and ordinances. The responsibility for code compliance lies with the property owner. The duty to ensure compliance with these codes lies with the City.
      1.   A building permit application containing all required plans, specifications and other necessary documents shall be submitted. Plan review fees are owed and due at the time of the sale of the permit. The permit application will not be accepted or reviewed without prepayment of the plan review fees that are assessed by the building official.
      2.   In the event that the permit is not issued, all fees paid prior and after review are nonrefundable.
      3.   The building permit application and supporting documents will be routed for plan review to all the appropriate City divisions and/or departments.
      4.   All required fees shall be assessed at double the rate of the normal building, mechanical, plumbing, electrical and any other associated fees.
      5.   Upon approval by the appropriate City divisions and departments, and upon the subsequent payment of all required fees, a building permit shall be issued. City building inspectors shall perform all required inspections for all exposed work. Concealed work may be accepted per the requirements of subsection E6 of this section.
      6.   Upon issuance of the required building permits, per subsection C of this section, and approval by the building official, concealed work and/or specific elements of the work may be accepted per the following procedure:
         a.   Owner shall obtain a certification, identifying compliance with City Electrical Codes, from an impartial Utah licensed master electrician for all concealed electrical work. Such certification shall be provided to the City.
         b.   Owner shall obtain a certification, identifying compliance with City Plumbing Codes, from an impartial Utah licensed master plumber for all concealed plumbing work. Such certification shall be provided to the City.
         c.   Owner shall obtain a certification, identifying compliance with City Mechanical Codes, from an impartial Utah licensed mechanical contractor for all concealed mechanical work. Such certification shall be provided to the City.
         d.   Owner shall obtain a certification, identifying compliance with City Building Codes, from an impartial Utah licensed and City registered general contractor, for all concealed nonstructural work, i.e., nonbearing walls, drop ceilings, soffits, fire blocking, etc., and for conventional structural elements which are prescriptive to the Building Code. Such certification shall be provided to the City.
         e.   Owner shall obtain a certification, identifying structural adequacy in conformance with City Building Codes, from an impartial Utah licensed architect or engineer for all concealed nonprescriptive structural elements, i.e., beams, headers, footings, foundations, trusses and other engineered or designed systems, etc. Such certification shall be provided to the City.
         f.   After the City has received the required certifications, verification inspections of the concealed work shall be scheduled and performed by the City building inspectors. The City inspectors may require that limited areas of the finished wall and ceiling surfaces be removed to assist in the verification. Acceptance of all concealed work is subject to the building official approval.
         g.   Accepted concealed work shall be recorded as an "after the fact" stating the conditions and circumstances under which the acceptance was granted.
   F.   Work not allowed, permitted or approved for issuance of a building permit or accepted per this policy shall be removed and returned to the original prior approved conditions.
   G.   The building official may modify the requirements of this policy on a case by case basis, as necessary. Before taking any action, the building official shall send a memorandum to the City Manager or designee apprising him of the intent to modify this policy. If no response is taken within ten (10) days, the building official shall move forward with the proposed modification. This policy shall not be interpreted to waive, modify or void any other rule, regulation, ordinance, or any other requirement of the City. Where a conflict arises between this policy and other valid requirements, the most restrictive code shall govern. Neither shall compliance with this policy remove nor otherwise restrict any administrative or legal remedies available to the City for cost recovery and/or code enforcement. (Ord. 2007-01, 1-16-2007)