§ 18-16. Permit required; exceptions.

(a)

Required permits; permit conditions; annual permits.

(1)

Generally; emergency work.

a.

General. It shall be unlawful to construct, enlarge, alter, move, raise, shore, demolish, wreck or raze a structure or parking station; or change the occupancy of a building or structure requiring additional strength, exit or sanitary provisions; or to change to another use; or to grade or excavate any land or real estate; or to install or alter any equipment or sign for which provision is made or the installation of which is regulated by this code; unless a separate permit for each building, premise or structure has first been obtained; provided, however, that repairs, as defined in section 18-4(b), which do not involve any violation of this code, and work as specified in subsection (b) of this section, shall be exempted from this provision.

b.

Emergency work. In cases of emergency, the person or other entity doing work or causing work to be done may proceed with the work and file application for a permit within 72 hours after commencement of emergency work. Emergency shall be considered to exist only in those situations wherein life, health and safety would be adversely affected if work were not commenced immediately, and the burden shall be upon the person claiming such emergency to exist to prove the existence of such emergency by clear and convincing evidence.

(2)

Moved buildings and building systems.

a.

Moving, raising or shoring buildings. No building or fixed structure shall be moved in or within the city on or across a street or alley without a permit issued by the building official in accordance with the provisions set forth in other portions of this section and in the International Building Code section 3408. No building or major portion thereof shall be raised or shored without a permit from the building official.

b.

Building systems. A permit shall be obtained for all heating, ventilating, comfort cooling and refrigeration systems, electrical service equipment, pipe fitting, incinerators and miscellaneous heat-producing appliances, moved with or installed in any moved building. A separate permit shall be obtained for the equipment installed in each separate building or structure.

c.

Conditions of permit.

1.

Insurance. The permit holder shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

i.

The policy shall provide for liability insurance with a minimum aggregate limit of $1,000,000.00 per occurrence.

ii.

The city shall be listed as an additional insured to such policy by separate endorsement.

iii.

The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least 30 days prior thereto, or ten days in the event of cancellation due to nonpayment of premium.

iv.

The insurance certificate shall be produced by a company having a current A.M. Best rating of B+ V or better and licensed to do business in the state.

v.

Before the permit is issued, the permit holder shall deposit with the city a certificate of insurance evidencing that the endorsements required in subsections (a)(2)c.1.ii and iii of this section are in effect.

2.

Indemnity. Every person, firm, or corporation to whom permission has been granted under the terms of this article and other ordinances to utilize public property for the moving of any building or structure shall at all times assume full responsibility for such work. Permission shall be further conditioned that any person, firm, or corporation shall release, hold harmless, and indemnify the city and all of the agents and employees from any and all responsibility, liability, loss, or damage resulting to any persons or property caused by or incidental to the moving of the building or structure.

3.

Commencement and completion of work. See section 18-19(c)(3), pertaining to expiration of building moving permits.

(3)

Conditions of permit for demolition work. Conditions of permits for demolition work are as follows:

a.

Insurance. The permit holder shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

1.

The policy shall provide for liability insurance with a minimum aggregate limit of $1,000,000.00 per occurrence.

2.

The city shall be listed as an additional insured to such policy by separate endorsement.

3.

The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least 30 days prior thereto, or ten days in the event of cancellation due to nonpayment of premium.

4.

The insurance certificate shall be produced by a company having a current A.M. Best rating of B+ V or better and licensed to do business in the state.

5.

Before the permit is issued, the permit holder shall deposit with the city a certificate of insurance evidencing that the endorsements required by subsections (a)(3)a.2 and 3 of this section are in effect.

b.

Indemnity. Every person, firm, or corporation to whom permission has been granted under the terms of this article and other ordinances to utilize public property for the demolition work of any building, structure, or utility shall at all times assume full responsibility for such demolition and shall hold harmless and indemnify the city and the building official from any and all responsibility, liability, loss, or damage resulting to any persons or property or caused by or incidental to the demolition work.

c.

Commencement and completion of work. See section 18-19(c)(4), pertaining to expiration of permits for demolition work.

d.

Damage to public property. The permit holder assumes liability for any incurred damage to public property.

(4)

Temporary structures and uses.

a.

The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

b.

Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the code as necessary to ensure the public health, safety and general welfare.

c.

Permits for temporary electrical service installations not to exceed 90 days' duration may be granted for fairs, carnivals, exhibitions, exterior lighting for decorative display and similar purposes. Permits for temporary electrical service installations not to exceed 180 days' duration may be granted for construction jobs. The time limit shall be subject to renewal, if requested in writing and if the building official determines that the temporary permit is not being used to evade the requirements of permanent electrical service installation, will not adversely affect the public safety, or is justified because of circumstances not within the control of the permit holder.

d.

The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

(5)

Conditional permits. Upon written application, the building official may issue conditional permits, which shall not be considered a building permit for the purpose of chapter 88 of the Code of Ordinances, pertaining to subdivisions.

(6)

Special nighttime building permits.

a.

Notwithstanding any other provision of this chapter or of any other provision of the Code of Ordinances, no construction work, including excavation, demolition, hauling, dumping or filling, may be performed between the hours of 9:00 p.m. and 7:00 a.m. within 500 feet of an occupied residential structure located in an area zoned residential unless the building official issues a special building permit authorizing the work. The following types of construction work are exempted from the requirement of obtaining a special nighttime building permit:

1.

Emergency work authorized pursuant to subsection (a)(1) of this section.

2.

Construction work being completely conducted inside a closed-in structure whenever such construction work does not involve the use of jackhammers, air compressors or other heavy equipment or continuing truck operations.

3.

Roofing during the months of June through September, both inclusive.

4.

Framing activities for conventional, wood-framed residential structures during the months of June through September, both inclusive.

b.

The building official shall address in each special building permit issued authorizing nighttime work the following items:

1.

Traffic routes to be used by construction equipment and trucks;

2.

Means of lighting the construction site or place of operation;

3.

Whether the noise level shall be a provision of the permit;

4.

The type of work to be done and the nature of the project; and

5.

Density of the residential area potentially affected by the nighttime work.

c.

The director of health and director of public works are authorized to assist the building official in establishing criteria for the issuance of a special building permit authorizing nighttime work.

(7)

Annual permits. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permits. The building official shall have access to such records at all times or such records shall be filed with the building official as designated.

(b)

Exempted work. A permit shall not be required for the types of work in each of the separate classes of permit as listed in this subsection. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of the city.

(1)

Building permits. A building permit shall not be required for the following:

a.

One-story detached accessory buildings used as tool and storage sheds, playhouses, garages, carports, and similar uses, provided the projected roof area does not exceed 200 square feet (18.58 m ).

b.

Oil derricks.

c.

Movable cases, counters and partitions not over five feet nine inches (1753 mm) in height.

d.

Retaining walls which are not over four feet (1219 mm) in height measured from grade on the low side of the wall, unless supporting a surcharge or impounding flammable liquids or when adjacent to a public right-of-way.

e.

Fences.

f.

Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

g.

Platforms and decks not more than 30 (762 mm) inches above grade at any point and not over any basement or story below.

h.

Temporary motion picture, television and theater stage sets and scenery.

i.

Window awnings supported by an exterior wall of a Group R-3 and Group U occupancies when projecting not more than 54 inches (1372 mm).

j.

Prefabricated swimming pools accessory to a Group R-3 occupancy, which are less than 24 inches (610 mm) deep, in which the pool walls are entirely above the adjacent grade and which do not exceed 5,000 gallons (18,927 L).

k.

Reroofing (replacement of roof coverings) one- and two-family residences with light roof covering or reroofing other structures in accordance with the requirements of this code pertaining to materials and installation methods. Exempted reroofing work does not include replacement of roof sheathing/deck or structural modifications or alterations to the building or structure.

l.

Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city. Administrative office buildings for such franchised utilities shall require building permits as described in subsection (a)(1) of this section.

m.

Replacement of exterior wall covering for detached one- and two-family dwellings.

n.

Replacement of doors and windows in existing openings where fire resistance, smoke control and opening protection are not required by article II.

o.

Repairs of holes in plaster or gypsum board walls.

p.

Installation or replacement of wall or floor mounted cabinets (kitchen, bath, etc.).

q.

Painting, papering, installation of carpeting/floor coverings and similar finish work.

r.

Installation or replacement of exterior gutters and downspouts.

s.

Tuckpointing brick and/or stone masonry.

t.

Replacement of soffits and wall or roof sheathing less than 32 square feet (2.97 m ) in area for one- and two-family dwellings.

u.

Replacement of interior or exterior trimwork.

v.

Boarding up vacant buildings.

w.

Walks, patios and driveways constructed on existing grade.

x.

Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

y.

Swings and other playground equipment accessory to one- and two-family dwellings.

z.

Grading or excavation of any land or premises under at least one of the following conditions:

1.

When approved by the building official, grading in an isolated, self-contained area provided there is no danger to private or public property;

2.

An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit;

3.

Cemetery graves;

4.

Refuse disposal sites authorized and controlled by other regulations;

5.

Excavations for wells, or trenches for utilities.

6.

Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;

7.

Exploratory excavations under the direction of soils engineers or engineering geologists;

8.

An excavation which (1) is less than two feet in depth, or (2) which does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical;

9.

A fill, placed on natural terrain with a slope flatter than five horizontal to one vertical, and which does not obstruct a drainage course, provided that such fill is either: less than one foot in depth; or, is less than three feet in depth, does not exceed 50 cubic yards on any one lot or parcel, and is not intended to support structures.

aa.

Ordinary maintenance of an existing parking surface. Ordinary maintenance shall include the resurfacing of an existing parking surface, which was in compliance with this chapter.

(2)

Mechanical permits. A mechanical permit shall not be required for the following:

a.

Any portable heating appliance.

b.

Any portable ventilating equipment.

c.

Any portable cooling unit.

d.

Any portable evaporative cooler.

e.

Replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this Code.

f.

Any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of this code.

g.

Replacement of grills and diffusers on existing mechanical ductwork.

h.

Any self-contained refrigeration system that contains ten pounds (4.5 kg) or less of refrigerant, or that are actuated by motors of one horsepower (0.75 kW) or less.

i.

Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to mechanical work. Administrative office buildings for such franchised utilities shall require mechanical permits as described in subsection (a)(1) of this section.

(3)

Plumbing permits. A plumbing permit shall not be required for the following:

a.

Repairs which involve only the working parts of a faucet or valve.

b.

Clearance of stoppages.

c.

Repairing or replacement of defective fixtures or valves provided alterations or extensions of piping systems are not made.

d.

Replacement and repair of lavatory and sink traps.

e.

Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to plumbing work. Administrative office buildings for such franchised utilities shall require plumbing permits as described in subsection (a)(1) of this section.

(4)

Elevator permits. An elevator permit shall not be required for the following:

a.

Material hoists within the scope of ANSI A10.5.

b.

Mobile scaffolds, towers and platforms within the scope of ANSI A92.

c.

Powered platform and equipment for exterior and interior building maintenance within the scope of ANSI A120.1.

d.

Conveyors and related equipment within the scope of ASME B20.1.

e.

Cranes, derricks, hoists, hooks, jacks and slings within the scope of ASME B30.

f.

Industrial trucks within the scope of ASME B56.

g.

Portable equipment, except for portable escalators, which are covered by article IX of this chapter.

h.

Tiering or piling machines used to move material to and from storage located and operating entirely within one story.

i.

Equipment for feeding or positioning material at machine tools, printing presses, etc.

j.

Skip or furnace hoists.

k.

Wharf ramps.

l.

Amusement devices.

m.

Stage and orchestra lifts.

n.

Lift bridges.

o.

Railroad car lifts or dumpers.

p.

Mechanized parking garage equipment.

q.

Line jacks, false cars, shafters, moving platforms and similar equipment used for installing an elevator.

r.

Mine elevators not located in or adjacent to a building or structure.

s.

Manlifts within the scope of ASME 90.1.

t.

Platform elevators installed in a ship or offshore drilling rig and used for the purpose of loading and unloading cargo, equipment and personnel.

u.

Shipboard elevators.

v.

Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to elevator work. Administrative office buildings for such franchised utilities shall require elevator permits as described in subsection (a)(1) of this section.

(5)

Electrical permits. An electrical permit shall not be required for the following:

a.

Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

b.

Construction or alteration of public utility generation, communication, transmission and distribution facilities used by such utilities duly franchised or authorized as such in the city, as it pertains to electrical work. Administrative office buildings for such franchised utilities shall require electrical permits as described in subsection (a)(1) of this section.

c.

The installation, alteration or repair of electrical equipment of a power or public service company for its use in the generation, transmission, distribution or metering of electricity.

d.

The installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

e.

Replacement of snap switches, receptacles and fixtures (other than ceiling fans) where no alteration or extension of an existing circuit is required.

(6)

Sign permits. A sign permit shall not be required for the following:

a.

The advertising copy or message, on a painted or printed sign only. Except for theater marquees and similar signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exemption.

b.

Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

c.

Any sign placed or painted on the inside of a building or on the inside or outside of any bus, taxicab or other vehicle.

d.

Any sign painted or lettered directly on the wall of any building or structure which advertises the name of the owner or lessee or sublessee of the building, or the products manufactured, sold or stored in such building; or any sign painted on the surface of any window or door of a building.

e.

Miscellaneous traffic or other municipal signs, danger signs, railroad crossing signs, legal notices or trespassing signs, or signs of public service companies indicating danger or aids to service or safety.

f.

Emergency, nonadvertising signs.

g.

Real estate signs advertising the sale, rental or lease of the premises on which they are maintained; provided that there is not more than one such sign for any street frontage and the total gross area does not exceed 32 square feet (2.97 m ).

h.

Tablets constructed of bronze, brass, stone or other noncombustible materials, when built or attached to the walls of a building or other structure, provided that such tablets bear only the name of the owner, the name or use of the building, the date of erection of the building or commemorative matter.

i.

Signs announcing the name of the architect, engineer and contractors of a building under construction, alteration or repair, and announcing the character of the building enterprise or the purpose for which the building is intended.

j.

Signs of public service companies indicating danger, ownership of property, offices, or places where their service is available to the public, when the signs are placed flat against the wall of a building or other structure.

k.

Signs less than ten square feet in area in residential zoning districts.

(Ord. No. 040477, § 1, 8-12-04; Ord. No. 061292, § B, 6-14-07; Ord. 071193, § 1, 1-3-08; Ord. No. 120375, § 1, 5-24-12; Ord. No. 160454 , § A, 6-23-2016)