Fulton Enforcement of this chapter ordinance (§ 120-232)

(a) Building inspector.

(1)

Duties. It shall be the duty of the building inspector to enforce this chapter. The building inspector shall receive applications required by this chapter, issue permits and furnish the prescribed certificates. The building inspector shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provisions of law are complied with. The building inspector shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. The building inspector shall, when requested by the mayor or council, or when the interests of the municipality so require, make investigations in connection with matters referred to in this chapter and render written reports on the same. For the purpose of enforcing compliance with law, the building inspector shall issue such notices or orders as may be necessary.

(2) Inspections. Inspections shall be made by the building inspector or a duly appointed assistant.

(3) Rules. For carrying into effect its provisions, the building inspector may adopt rules consistent with this chapter.

(4) Records. The building inspector shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, or reports rendered, and of notices or orders issued. The building inspector shall retain on file copies of all papers in connection with building work, so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the building inspector. When possible, copies may be made of records upon request of, and reimbursed in advance by requestor.

(5) Cooperation of other officials. The building inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the engineer in fixing grades, of the chief of police in enforcing orders, of the attorney in prosecuting violations, and of other officials.

(b) Permits.

(1) When required. It shall not be lawful to construct, alter, repair, remove or demolish, or to commence the construction, alteration, removal or demolition of a building or structure, without first filing with the building inspector an application in writing and obtaining a valid permit.

(2) Application for. Application for a permit shall be submitted in such form as the building inspector may prescribe. Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Such application shall contain the full names and addresses of the applicant and of the owner, and if the owner is a corporate body, of its responsible officers. Such application shall describe briefly the proposed work and shall give such

additional information as may be required by the building inspector for an intelligent understanding of the proposed work. Such application shall be accompanied by payment of such fees as the council may determine from time to time.

a. Plans. Application for permits shall be accompanied by such drawings as the building inspector may require of the proposed work, drawn to scale, including floor plans, sections, elevations and structural details.

b. Plot diagram. When required by the building inspector, there shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions and figures, showing accurately the size and exact location of all proposed new construction, or in the case of demolition, of such construction as to be demolished, and of all existing buildings; prepared by and signed by a registered surveyor, engineer or architect.

c. Amendments. Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with, and be deemed a part of, the original application.

d. Completion of existing buildings. Nothing contained in this chapter shall require any change in the plans, construction, size or designated use of a building, for which a valid permit has been issued or lawful approval given before the effective date of this chapter; provided, however, construction under such permit or approval shall have been started within six months and the ground story framework, including structural parts of the second floor, shall have been completed within one year and the entire building completed within two years after the effective date of this chapter.

e. Action on application. It shall be the duty of the building inspector to examine applications for permits within a reasonable time after filing. If, after examination, the building inspector finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, the building inspector shall approve such application and issue a permit for the proposed work as soon as practicable; provided, that no permit shall be issued in any district in which an application for a modification in zoning has been made, for a period of 90 days after such application has been made. If the building inspector's examination reveals otherwise, the building inspector will reject such application, noting the building inspector's finding in a report to be attached to the application and delivering a copy to the applicant.

(3) Permit issuance.

a. Approval in part. Nothing in this section shall be construed to prevent the building inspector from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved,

if adequate plans and detailed statements have been presented for the same and have been found to comply with this chapter.

b. Condition of the permit. All work performed under a permit issued by the building inspector shall conform to the approved application and plans and approved amendments thereof. The location of all new construction as shown on the approved plot diagram, or an approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in condition shall have been filed and approved; provided, that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.

c. Signature on permit. Every permit issued by the building inspector under the provisions of this chapter shall have the building inspector's signature affixed thereto; but this shall not prevent the building inspector from authorizing a subordinate to affix such signature.

d. Term of permit.

1. In all instances, except for the demolition or removal of a building, the term of a permit for the construction or alteration of a structure or building shall be one year, except when extended by the building inspector.

2. The term of a permit for the demolition or removal of a building or structure shall be 90 days, except that the permit may be extended by the building inspector for a one-time period of 30 days when good cause is shown that the work cannot be completed in 90 days.

e. Posting of permits. A copy of the permit shall be kept on the premises, open to the public inspection, during the prosecution of the work and until the completion of same. The building inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. The building inspector shall be given at least 12 hours' notice of the starting of work under a permit.

f. Renovation. The building inspector may revoke a permit or approval issued under the provisions of this chapter in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which a permit or approval was based.

(c) Certificate of occupancy for a building.

(1) General. No building shall be occupied before a certificate of occupancy has been issued. A certificate of occupancy for a new building or the reconstruction or alteration of an existing building shall be issued within three days after the request for same shall have been made in writing to the building inspector, after the erection or alteration of such building or part thereof shall have been completed, in conformity with the provisions of these regulations. Any temporary certificates will be issued as specified per the current building code.

(2) Content of certificate of occupancy. A certificate of occupancy shall state that the building or proposed use of a building complies with all the building and health laws and ordinances and with the provisions of these regulations. The original certificate shall be given to the property owner, One copy shall be provided the board of public works and One copy shall be kept on file in the office of the building inspector. No fee shall be charged for a certificate of occupancy.

(3) Certificate of occupancy for nonconforming uses. A certificate of occupancy shall be required for all nonconforming uses. Application for such certificate for nonconforming uses shall be filed within 12 months from the effective date of this chapter.