A. Purpose and Intent. The purpose for the building permit procedure is to establish a consistent process for the review and approval of construction activities for consistency with all applicable building codes to give reasonable assurance that new development is safe from structural failure, fire hazards, electrical shock, or any other applicable health risks, as well as to establish a permanent record of work performed and inspections conducted.
B. Applicability. Unless exempted in accordance with this Ordinance or the State Building Code(s), no construction, reconstruction, addition, alteration, repair, movement to another site, removal, demolition of any building or structure, or changes in use triggering the need for application of a different set of building code requirements shall occur until a building permit is approved in accordance with the procedures and standards of this section.
C. Exemptions. The following forms of development are exempted from the requirement to obtain a building permit, but shall be subject to the standards in Section 2.2.24, Zoning Compliance Permit:
1. Storage and accessory buildings that serve a residential principal use, are 12 linear feet in length or less on any dimension, and do not include electrical service or running water;
2. Patios and at-grade walkways;
3. Playground equipment and play structures provided as accessory uses to a single-family residential dwelling; or
4. Fences or privacy walls of 6 feet in height or less, except that all retaining walls shall require a building permit.
D. Building Permit Procedure. The building permit procedure is described in Figure 2.2.4, Building Permit Procedure, as supplemented by Section 2.3, Application Processing, information posted on Wake County's digital Permit Portal, and the Procedures Manual.
E. Decision by Inspections Director. The decision on a building permit shall be made by the Wake County Building Inspections Director following approval of the request by the Planning Director. Decisions on building permit applications shall be in accordance with the standards in Section 2.2.4.F, Building Permit Review Standards.
F. Building Permit Review Standards. A building permit shall be issued if the application complies with:
1. The applicable sections of the State Building Code(s);
2. The standards in Section 160D-403 of the North Carolina General Statutes;
3. Any applicable requirements of the Wake County Environmental Services Department;
4. The site plan, if applicable;
5. The zoning compliance permit;
6. All other standards or conditions of any prior, applicable permits, and development approvals; and
7. All other applicable requirements of this Ordinance, the Town Code of Ordinances, state law, and federal law.
G. Expiration.
1. A building permit shall expire and become null and void if the development it authorizes is not commenced within six months of the permit issuance.
2. If development authorized by a building permit commences but fails to achieve at least one passing inspection (foundation, footing, framing, mechanical, etc.) for a continuous period of 12 months, the permit shall expire and become null and void.
H. Appeal.
1. An appeal of a decision on a building permit may be filed with the North Carolina Commissioner of Insurance, in accordance with Section 160D-1127 of the North Carolina General Statutes.
2. Appeal of decisions on building inspections shall be made to the Wake County Permits and Inspections Department in accordance with their procedures and requirements.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)