§ 1101-17. Permits.

1101-17.1 Permits required: It shall be unlawful for any person to construct, enlarge, alter, repair, relocate or demolish a structure or building equipment installed therein; change a structure to another occupancy; prepare improved or unimproved real estate for the construction of a new building or structure; excavate or fill land; undertake development in the areas of special flood hazard; erect signs according to 3107.1.1 OBC: pave areas greater than 800 square feet in area other than driveways, without first filing an application and obtaining a proper permit from the director of buildings and inspections, and paying the fee hereinafter prescribed for same.

Exceptions:

(1)

Minor maintenance repairs not resulting in a material change to structures may be made without application or notice to the director of buildings and inspections, but such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit requirements; nor shall minor repairs include addition to, alteration of, replacement, relocation of, or material change to any standpipe, waste supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical equipment or other work affecting public health or general safety. This exception shall not apply to repairs to vacant buildings.

(2)

Normal cemetery operations of opening or closing graves.

(3)

Public work performed by or under control of the director of transportation and engineering relative to the right of way other than elevated pedestrian walkways, buildings and structures regulated under OBC and CBC or excavation or filling of land performed outside the project work limits.

(4)

Exploratory excavations under the direction of a registered professional engineer, geotechnical engineer, engineering geologist, soil scientist, or architect where incident to the practice of architecture, and exploratory excavations by a contractor or builder provided they are not made in a slope steeper than five horizontal to one vertical. All such excavations shall be promptly and properly filled, and the terrain shall be properly restored.

(5)

Temporary trenches for sewers, water lines, gas lines, electric lines, and other underground utilities.

(6)

Subject to the provisions of § 1113-09 CBC, any excavation that does not exceed five feet in vertical depth at its deepest point or 100 cubic yards per each 5,000 square feet of site area, whichever is the more restrictive, and is made on natural terrain with a slope flatter than five horizontal to one vertical and does not result in a finished slope steeper than three horizontal to one vertical.

(7)

Subject to the provisions of § 1113-09 CBC, any fill that does not exceed five feet in vertical depth at its deepest point, contain more than 100 cubic yards per each 5,000 square feet of site area, and is made on natural terrain with a slope flatter than five horizontal to one vertical and does not result in a finished slope steeper than three horizontal to one vertical.

(8)

Subject to the provisions of § 1113-09 CBC, any excavation for a basement and footings of a building authorized by a valid building permit, provided the excavation does not exceed eight feet in vertical depth at its deepest point or 350 cubic yards per each 5,000 square feet of site area, whichever is the more restrictive, and is made in existing terrain with a slope flatter than 10 horizontal to one vertical, and the subsequent filling with this excavated material on the same site, provided the fill does not exceed five feet in vertical depth at its deepest point or 350 cubic yards per each 5,000 square feet of site area, whichever is more restrictive, and is placed on existing terrain with a slope flatter than 10 horizontal to one vertical and does not result in a finished slope steeper than three horizontal to one vertical.

(9)

Where a succession of small excavations or fills individually not requiring a permit, constitutes a continuing operation on a property and the accumulation of such excavations or fills on that property will not exceed five feet in depth or 100 cubic yards per each 5,000 square feet of site area.

(10)

Excavation or filling of land necessary for the permanent removal of existing underground storage tanks provided excavated soil is not removed from the site.

(11)

Demolition prior to replacement of existing single story, detached garage structures, less than 800 square feet in area.

(12)

Storage sheds not greater than 100 square feet in area that are no higher than eight feet in height provided the shed is accessory to a single, two or three family dwelling house and is located in the rear yard in compliance with the Zoning Code.

(13)

Play equipment that is not greater than 12-½ feet in height that is not enclosed, and not provided with electric, or heating equipment.

(14)

Repairs or replacements of fabric covering an awning without signage.

(15)

Painted wall signs. (See Chapter 895 for outdoor advertising signs)

(16)

New fences not more than six feet in height accessory to a single-, two- or three-family dwelling; provided, however, all new fences shall require a zoning certificate of compliance.

(17)

Other repair or replacement work to the following elements of single-, two- or three-family dwellings:

(a)

Windows.

(b)

Roof coverings (not resulting in more than two coverings remaining in place or in the roof structure being overloaded).

(c)

Siding.

(d)

Gutter and downspouts.

(e)

Fences not more than six feet in height.

(f)

Flagpoles.

This exception (17) shall not apply to structures designated as a Historic Landmark or located within a designated Historic District or Urban Design Overlay District.

(18)

Sign face changes not structurally altering the sign; provided, however, all sign face changes shall require a zoning certificate of compliance or certificate of appropriateness, as applicable.

1101-17.1.1 Certificate of Appropriateness: A person may not perform work excepted from the permit requirements under §§ 1101-17.1(16) or 1101.17.1(17) on an historic structure or within an historic district without first obtaining a certificate of appropriateness for the proposed work.

1101-17.1.2 No Duty to Inspect: The director of buildings and inspections has no duty to inspect work excepted from permit requirements under § 1101-17.1(1) through § 1101-17.1(17).

1101-17.2 Permits issued: It shall be the duty of the director of buildings and inspections or the electrical inspection agency to examine the applications for permits within a reasonable time after filing. If the examination reveals no objections to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto and the proposed construction or work will be safe, such application shall be approved and a permit issued for the proposed work as soon as practicable. If the examination reveals otherwise, such application shall be rejected or delayed and the findings shall be communicated in writing to the applicant.

1101-17.3 Separate permits required: A separate permit shall be required for the following branches of the work which will not be included in the building permit: sprinkler equipment including associated tanks and pumps, elevators, plumbing, excavation or filling of land (each site), mechanical equipment, electrical work, and other regulated equipment or work.

1101-17.4 Electrical permits: Separate and distinct permits shall be required for electrical work as set out in §§ 1101-17.4.1 and 1101-17.4.2 CBC.

Exception: Replacement gas or oil furnaces and boilers, replacement heat pumps, and replacement air conditioning equipment, connected to existing branch circuits in single, two or three family dwellings.

1101-17.4.1 Wiring: The installation or repair of any permanent electrical wiring, including but not limited to extensions to existing wiring.

1101-17.4.2 Equipment: The installation or alteration of any electrical equipment or electrical service equipment.

1101-17.5 Permits to wreck structures having party walls: Before issuing any permit for the wrecking of any structure having one or more party walls, the director of buildings and inspections shall take the successive steps set out in §§ 1101-17.5.1 and 1101-17.5.2 CBC.

1101-17.5.1 Affidavit: Secure the affidavit required by § 1101-19.7.1 CBC.

1101-17.5.2 Permit issued: No sooner than ten days after receiving the affidavit required by § 1101-19.7.1 CBC, issue the permit with such conditions as the director of buildings and inspections may deem necessary to protect the safety of any abutting structure of the public health, safety and welfare.

1101-17.6 Permits to wreck structures containing asbestos: No permit for the demolition of any building, structure, facility or installation, that is deemed to contain a significant risk of exposure to asbestos fibers, pursuant to § 1111-15.1 CBC, shall be issued by the director of buildings and inspections until such director has made a determination that the demolition will be in accordance with the requirements of § 1111-15.2 CBC.

1101-17.6.1 Presence of asbestos fibers: When a permit is granted for the demolition of a building, structure, facility or installation, that is deemed to contain a significant risk of exposure to asbestos fibers from the dislodging of asbestos during demolition, pursuant to § 1111-15.1 CBC, the department of buildings and inspections shall notify the fire division in order that local fire stations may be alerted to the danger of exposure to asbestos involved in fighting a possible fire at that location.

(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; a. Ord. No. 431-1998, eff. Dec. 25, 1998; a. Ord. No. 083-2001, eff. Apr. 20, 2001; a. Ord. No. 59-2002, eff. March 28, 2002; Emer. Ord. 114-2014, § 3, eff. June 4, 2014; Emer. Ord. No. 163-2018, § 6, eff. July 1, 2018)