Chapter 18 BUILDINGS AND BUILDING REGULATIONS[1]
There is hereby created the position of building official who shall be appointed by the town council.
(Code 1967, § 7-2; Ord. of 7-25-11, § 5)
Sec. 18-27. Enforcement and inspection duties.
It shall be the duty of the building official to see to the enforcement of all ordinance provisions relating to buildings. The building official shall inspect all buildings or structures being erected or altered as frequently as may be necessary to ensure compliance with the Rhode Island State Building Code (G.L. § 23-27.3-100.0 et seq.) and with the town ordinances and adherence to the plans submitted in accordance with section 18-57.
(Code 1967, § 7-9.3; Ord. of 7-25-11, § 5)
The building official shall have the power to order all work stopped on construction or alteration or repair of buildings in the town when such work is being done in violation of any provision of any ordinance relating thereto, or which varies substantially from the plans submitted. Work shall not be resumed after the issuance of such an order except on the written permission of the inspector; provided, however, that if the stop order is an oral one, it shall be followed by a written stop order within 24 hours. Such written stop order may be served by any police officer.
(Code 1967, § 7-9.4; Ord. of 7-25-11, § 5)
Sec. 18-29. Enforcing officer.
The building inspector shall also serve as the enforcing officer under the Rhode Island Housing Maintenance and Occupancy Code, G.L. 1956, § 45-24.3-1 et seq.
(Code 1967, § 7-10; Ord. of 7-25-11, § 5)
Sec. 18-30. Rights, duties, powers and obligations.
The building official shall have all rights, duties, powers and obligations as are contained in the Rhode Island State Building code, as such code may be from time to time amended, except as may be limited by this article.
(Code 1967, § 7-9.6; Ord. of 7-25-11, § 5)
The building official and all inspectors of the town shall have the right of entry to such buildings or structures for the proper performance of their duties in accordance with G.L. § 23-27.3-112.0.
(Ord. of 7-25-11, § 5)
Sec. 18-32. Local board of appeals established.
A Tiverton Building Code Board of Appeals ("Board") is hereby established, consisting of five members appointed by the town administrator, with one member appointed for five years, one for four years, one for three years, one for two years and one to serve for one year, or until his or her successor has been appointed. The board membership shall consist of the following five constituencies: One shall be an architect; two shall be professional engineers; one shall be a builder or superintendent of construction; and one shall be a member of the general public. The board shall annually elect its own chair and secretary. A member need not be a resident of the town and may also be a member of a board of appeals of another municipality.
(Ord. of 10-14-08(2))
Sec. 18-33. Appeal authorized.
An aggrieved party as defined in G.L. § 23-27.3-127.1(b)(2)(i)—(b)(2)(vi) may appeal an interpretation, order, requirement, direction, or failure to act under the building code by the building official to the board.
(Ord. of 10-14-08(2))
Sec. 18-34. Stay of proceedings.
Filing of an appeal by the aggrieved party shall stay all proceedings in furtherance of the action or failure to act appealed from, unless the building official presents evidence and the board finds that, upon the evidence presented, a stay would involve imminent peril to public health, safety, and welfare. In such an event, a stay of all proceedings shall be waived or the board may order other action necessary to preserve public health, safety, and welfare. Before waiving the stay of proceedings the board shall hold a hearing and give the appellant, state, or local agency claiming that a stay would involve imminent peril to public health, safety, and welfare, notice in writing of the hearing not less than 24 hours before the hearing.
(Ord. of 10-14-08(2))
Sec. 18-35. Granting variances.
The board may vary the application of any provision of the building code to any particular case when, in the opinion of the board, the enforcement of the building code would do manifest injustice; provided, that the board finds that the decision to grant a variance or modification will not conflict with the general objectives of the building code.
(Ord. of 10-14-08(2))
Sec. 18-36. Additional powers.
The board may impose in any decision, limitations both as to time and use, and a continuation of any use permitted may be conditioned upon modifications as set forth in the decision.
(Ord. of 10-14-08(2))
(a) When the building official refuses to issue a building permit in whole or in part, or refuses to approve the mode or manner of construction proposed to be followed or the materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of this Code do not apply or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of this code and regulations have been misconstrued or wrongly interpreted, within 30 days the owner of the building or structure, whether erected or to be erected, the owner's authorized agent, or other aggrieved party may make an application for an appeal in writing from the decision of the building official to the local board of appeal.
(b) Upon receipt of the application for an appeal, the chairperson or secretary of the board of appeal shall appoint a panel of not less than three members of the board to hear each appeal.
(c) Applications filed at least 25 days, including Saturdays, Sundays, and legal holidays, prior to the monthly meeting of the board will be advertised for public hearing at the next scheduled meeting. Appeals affecting the disability regulations of the state building code shall cite the provisions in the advertisements. A copy of the application for appeal to the disability provisions of shall be sent to the state building commissioner. Unless the appeal is continued, a copy of the decision of the board shall be mailed to the owner, the aggrieved party, to the building official, and to the state building commissioner not later than ten days following the rendering of the decision.
(d) Applications for appeal must be accompanied by two copies of the required plans for review by the building official and the board of appeals.
(e) The building official shall submit to the board of appeals a notice identifying the reason for the refusal to issue a permit and the code provisions being disputed.
(Ord. of 10-14-08(2))
Sec. 18-38. Appeal to state board.
Any aggrieved party affected by the decision of the board may appeal to the state board of standards and appeals within 20 days after the filing of the local decision with the building official and owner. Any determination made by the local board shall be subject to review de novo by the state board of standards and appeals.
(Ord. of 10-14-08(2))
No person shall erect, construct or alter any building or structure or any part of a building or structure or any platform, staging or flooring to be used for seating or standing purposes within the town unless he shall first receive a permit therefore from the building official pursuant to the State Building Code, G.L. 1956, § 25-27.3-113.1, as provided by this article.
(Code 1967, § 7-3; Ord. of 7-25-11, § 5)
Sec. 18-57. Application; required drawings and statements.
(a) Before the erection, construction or alteration of any building or structure or any part of a building or structure or any platform, staging or flooring to be used for seating or standing purposes is commenced within the town, the person desiring to make a building or structure shall obtain a permit therefore from the building official. Unless such permit shall expressly waive the same, shall submit to the building official such drawings as may be necessary to show the construction of the building or structure and shall on appropriate blanks to be furnished by the building inspector set forth the location and the proposed use of such building or structure, the estimated cost of such building or structure, whether or not the same is a new building or an addition to an old building, and the full name and residence of the owner or of each of the owners of such building, staging or flooring and such other data as the building official deems necessary or advisable.
(b) Such drawings and statements shall be placed in the custody of the building inspector and shall be public records pursuant to state law.
(c) If construction is proposed to be made by any person other than the owner in fee, the person intended to make such erection or alteration shall give the full name of the owner of the land and also of every person interested in the building or proposed building, either its owner, lessee, or in any representative capacity.
(d) Such statement may be made by the agent or architect or the person required in subsection (c) of this section to make the same, and any notice served upon such agent or architect shall be binding upon the principals.
(e) Such statement and a copy of such application and plans shall be kept on file in the office of the building official and such construction or any part of such construction shall not be commenced or proceeded with until such statement and plans shall have been so filed with the building inspector and the permit for such construction shall have been issued by him.
(Code 1967, § 7-4; Ord. of 7-25-11, § 5)
Sec. 18-58. Consideration of flood hazards when reviewing applications.
(a) The building official when reviewing applications for building permits, including the plans and specifications for the proposed construction, will review all building permit applications to determine if the proposed construction is consistent with the need to minimize flood damage.
(b) The building official shall review all building permit applications to determine if the site of the proposed construction is reasonably safe from flooding and to make recommendations for construction in all locations which have flood hazards in accordance with the requirements of the zoning ordinance and consistent with hurricane, storm and flood standards as established by the state building code standards committee pursuant to G.L. § 23-27.3-100.1.5.5.
(c) The building official, in his review of all applications for construction in flood hazard locations within the town, shall require the applicant to provide in his plans and specifications the information or certification required by the zoning ordinance.
(Code 1967, § 7-4.1; Ord. of 7-25-11, § 5)
Sec. 18-59. Erection, construction or alteration of part of building.
A permit may be granted for the erection, construction or alteration of any part of a building upon the filing of such drawings as may be necessary to show the construction of such part of such building and a statement as set forth in section 18-57 referring to the part proposed to be constructed before the entire plans and detailed statements of all of such buildings have been submitted.
(Code 1967, § 7-5)
Sec. 18-60. Not required for certain repairs.
Ordinary repairs may be made without a permit from the building inspector, as required by this article, but such repairs shall not be construed to include the cutting away of any structural support, whether wall, pier, column, girder or beam, or the removal, change or closing of any staircase or exit.
(Code 1967, § 7-6)
Sec. 18-61. Action by building official.
All permits under this article shall be acted upon by the building official within 15 days after receiving application for such permits.
(Code 1967, § 7-7; Ord. of 7-25-11, § 5)
Any permit issued shall become invalid unless the work authorized by it shall have been commenced within six months after its issuance, or if the work authorized by the permit is suspended or abandoned, for a period of six months after the time the work is commenced; provided, that, for cause, an extension of time for a period not exceeding 90 days has not been granted. All extensions must be in writing and signed by the building official. For purposes of this section, any permit issued shall not be considered invalid if the suspension or abandonment is due to a court order prohibiting the work as authorized by the permit
(Code 1967, § 7-8; Ord. of 7-25-11, § 5)
A permit issued under the provisions of this article may be renewed by the building official upon application therefore who shall endorse thereon the reason for such renewal.
(Code 1967, § 7-9; Ord. of 7-25-11, § 5)
The fees for building permits shall be paid to the building official who shall deposit them in the general funds of the town. The building official shall be responsible for establishing a fee schedule for building permits which shall be posted for public display in the building official's office.
(Code 1967, § 7-9.1; Ord. of 7-25-11, § 5)
Sec. 18-65. Copies sent to tax assessor's office; report on number and nature.
The building official shall send copies of all building permits issued to the tax assessor's office.
(Code 1967, § 7-9.2; Ord. of 7-25-11, § 5)
Sec. 18-66. Plumbing and electrical permits.
Application shall be made to the building official for all plumbing and electrical permits. The building official shall refer such applications to the appropriate plumbing and electrical inspectors. Fees for plumbing and electrical permits shall be collected by the building official who shall deposit them with the town treasurer to be held in a separate fund. The town treasurer shall draw from this fund in reimbursing the plumbing and electrical inspectors for services performed.
(Code 1967, § 7-9.5; Ord. of 7-25-11, § 5)
Sec. 18-67. Demolition of historic building, structure or site.
No permit for demolition of an historic building, structure or site shall be issued until 90 days has expired from the date the application for such permit has been filed with the building official. For the purpose of this article, historic buildings, structures and sites are defined as those buildings, structures or sites set forth in the publication of the Rhode Island Historical Preservation Commission entitled "Historic and Architectural Resources of Tiverton, Rhode Island: A Preliminary Report" published in 1983.
(Code 1967, § 7-3)
Sec. 18-111. Adoption of official numbers; notification of property owners.
Every person, association or corporation owning land abutting on any street, highway, court or way in the town, shall within 30 days after such real estate has been numbered or renumbered by the fire department of the town, adopt such number as may be established. The chief of the fire department shall notify in writing every such record owner of real estate of the number or numbers given to each building within 48 hours after the number is established.
(Code 1967, § 7-18)
Sec. 18-112. Affixing numbers.
Every such record owner receiving notice from the chief of the fire department of the number or numbers that have been established for the real estate shall within 30 days after receipt of the notice cause to be affixed to any such building, in a conspicuous place near the main or front entrance thereto, the number so established. The number used shall be not less than four inches in height and shall be of durable material. Whenever any building is located more than 100 feet back from the street line, the assigned number shall be placed upon a gatepost, fencepost, tree or other suitable place near the street so as to be clearly discernible from the street.
(Code 1967, § 7-19)
Whenever any new structure shall be erected or located in the town, it shall be the duty of the record owner of the real estate to procure the correct number of the premises, and to fasten immediately the number so assigned upon the building or as otherwise specified in section 18-112.
(Code 1967, § 7-20; Ord. of 7-25-11, § 5)
Sec. 18-114. Unofficial numbers prohibited.
No number other than the number established by the fire department shall be used by the record owner of the structure in question.
(Code 1967, § 7-21)
Every owner of record violating any provision of this article shall be fined not more than $20.00.
(Code 1967, § 7-22)
Secs. 18-116—18-120. Reserved.
The town recognizes and finds that although outdoor hydronic heaters or outdoor wood boilers (hereafter collectively referred to as "OHH") may represent an economical alternative to conventional heating systems, these systems shall not be used as the primary source of heat and hot water and should not be located or used in such a manner as to compromise the health, safety and welfare of the citizens of the Town of Tiverton. Such outdoor furnaces can cause harmful emissions, offensive odors, smoke, soot, fumes, ash and other conditions that may constitute a public nuisance.
(Ord. of 8-14-12)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Allowable fuels means:
(1) Clean wood;
(2) Untreated lumber;
(3) Wood pellets made from clean wood;
(4) Manufacturer approved fuels, provided that no fuel shall be in conflict with the definition of prohibited fuels of this section;
(5) Home heating oil in compliance with the applicable sulfur content limit of natural gas may be used as starter fuels for dual-fired outdoor hydronic heaters.
Clean wood means wood that has no paint, stains, or other types of coating, and wood that has not been treated with, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
Existing unit or existing OHH means an outdoor hydronic heater that has been purchased, installed and/or operated at the intended location of use prior to the adoption of this ordinance on August 14, 2012.
New unit or new OHH means an outdoor hydronic heater that is not an existing OHH.
Nuisance means an activity which substantially interferes with the right to use and enjoy property.
Outdoor hydronic heater or outdoor wood boiler (OHH) means a freestanding accessory structure housing a wood-burning furnace, with a smoke stack, used to provide heat or hot water to a building or accessory structure fuel burning device designed to:
(1) Burn wood or other approved fuels;
(2) Be in compliance with manufacturer specifications for outdoor installation or installation in structures not normally occupied by humans (e.g. garages);
(3) Heat building space and/or water via the distribution, typically through pipes, of a fluid heater in the device, typically water or a water/antifreeze mixture. This includes without limitation any structure, equipment, device or apparatus, or any part thereof, which is installed, affixed, constructed or located outdoors for the primary purpose of combustion of solid fuel, including but not limited to wood, to produce heat or energy used as a component of a heating system;
(4) Commercial size heater means a heater with a rated thermal output of greater than 350,000 Btus (British thermal units) per hour;
(5) Residential size heater means a heater with a rated thermal output of 350,000 Btus per hour or less.
Prohibited fuels mean and include but are not limited to:
(1) Any wood that does not meet the definition of clean wood;
(2) Garbage including but not limited to food wastes, food and beverage packaging, or food wraps;
(3) Tires;
(4) Lawn clippings, leaves, brush, trimmings or general yard waste;
(5) Materials containing plastic;
(6) Materials containing rubber;
(7) Waste petroleum products;
(8) Paints and paint thinners;
(9) Chemicals;
(10) Coal;
(11) Paper of any type or cardboard;
(12) Construction and demolition debris;
(13) Plywood or other composite wood products;
(14) Particleboard;
(15) Salt water driftwood;
(16) Manure;
(17) Animal carcasses;
(18) Asphalt products;
(19) Any material prohibited for combustion by state or federal law or regulation;
(20) Lighter fluids, gasoline or chemicals to start the flames are prohibited;
(21) Pressure treated lumber.
Untreated lumber means dry wood that has been milled and dried but that has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance.
(Ord. of 8-14-12)
Sec. 18-123. Permit(s) required.
(a) No person shall construct, install, use, operate or permit to be operated on their property an OHH without first having obtained the proper permit(s) from the building/zoning official. Installation of all new units requires an initial application for permit following the effective date of this ordinance. Two sets of plans for the location and installation of the outdoor hydronic heater shall bear the stamp of a Rhode Island Licensed Professional Land Surveyor and shall be drawn at a suitable scale. The drawing shall show the proposed location of the unit on the property as well as any and all other structures within 300 feet of the proposed location whether on said property or adjoining property or properties including all setbacks. In addition, the application shall include an eight-inches by ten-inch color photograph of the entire unit showing the manufacturer's name and model number. The serial number shall also be provided. All units, new or used shall carry a tag that identifies the OHH complies with the EPA Phase II Emission standard, or higher as defined by the EPA and RIDEM's Air Pollution Control Regulation No. 48 Outdoor Wood Boilers, whichever is more stringent.
(b) An application fee shall apply, based on the current fee schedules and inspections for compliance with this article and all applicable building, plumbing, mechanical, electrical, fire and other laws as deemed necessary by the building/zoning official.
(Ord. of 8-14-12)
Sec. 18-124. Restriction on location, operation and use.
(a) Location:
(1) Residential size OHHs shall be no closer than:
a. Two hundred seventy-five feet from any lot line;
b. Fifty feet from the dwelling unit it services or any other occupied structure on the subject parcel;
c. Has a clear radius of 50 feet, which must be maintained between the OHH and any trees or vegetation of a height greater than the height of the top of the fuel door;
d. The OHH shall not be located in the front yard (as defined by the Tiverton Zoning Ordinance);
e. Reductions of setbacks due to nonconformity are not applicable.
(2) Commercial size OHHs shall be no closer than:
a. Five hundred feet from any lot line;
b. Fifty feet from the structure it services or any other occupied structure on the subject parcel;
c. Has a clear radius of 50 feet, which must be maintained between the OHH and any trees or vegetation of a height greater than the height of the top of the fuel door;
d. The OHH must be located in the rear yard (as defined by the Tiverton Zoning Ordinance);
e. Reductions of setbacks due to nonconformity are not applicable.
(b) Operation and use:
(1) No person that operates an OHH shall cause, suffer, allow or permit the use of a fuel other than allowable fuels as defined in section 18-122. No person shall cause, suffer, allow or permit the burning of any prohibited fuels as defined in section 18-122.
(2) OHHs shall, as a minimum standard, be operated in compliance with the operating manual and standards of the manufacturer of the unit, including, but not limited to, the manufacturer's recommended loading times and amounts.
(3) The permanently attached stack or chimney extending from an OHH shall be a minimum of 18 feet in height or manufacturer's specifications, whichever is more restrictive, for any new installations, following the effective date of this ordinance. Rain caps shall not be allowed on stacks.
(4) The by-products of burning wood in the unit such as ash or wood remnants must be disposed of in a manner that does not create a nuisance or adversely impact ground water supplies or wetland resources and in compliance with all applicable laws.
(c) Particulate emission standards for new units:
(1) All new units, as defined in this article, shall comply, as of the effective date of this ordinance, with the EPA Phase II Emission standard or the best available control technology, as defined by the EPA and here and RIDEM's Air Pollution Control Regulation No. 48 Outdoor Wood Boilers, whichever is more stringent.
(2) No person shall purchase, operate, install or allow for installation an OHH for use in the town unless it has been certified to meet a particulate matter emission limit of 0.32lb./MMBtu (million British thermal unit) heat output and satisfies the current USEPA emission standard at the time of permitting.
(Ord. of 8-14-12)
(a) All provisions of this article shall immediately become effective as to existing units in use and operation before the adoption of this ordinance with the following exceptions:
(1) Setbacks under section 18-124(a).
(2) Particulate emission standards under section 18-124(c).
(b) Any existing OHH, as defined herein that is to be replaced shall meet all provisions set forth in the article except as specified herein.
(c) Compliance with this article shall not exempt the owner of an OHH from the provisions of section 18-126(b), nuisance or other condition, below.
(Ord. of 8-14-12)
Sec. 18-126. Applicability of other regulations and laws.
(a) Compliance with law.
(1) Outdoor furnaces shall be manufactured, constructed, installed, operated and located in conformance with any other applicable state or federal law or regulation, including but not limited to those of the USEPA and RIDEM. In the event of any conflict among state, federal and local ordinance, the more restrictive law or regulation shall apply. All other provisions of the building, electrical, plumbing, mechanical or other applicable laws and/or codes shall also apply.
(b) Nuisance or other condition.
(1) It is prohibited to use, maintain or operate an OHH, or use its ash or residue that creates a nuisance or an interference with the health, safety and welfare of the town or of any person. Compliance with this article shall not otherwise exempt the owner of a furnace for the creation of nuisance or other interference with the public health, safety and welfare, and it is intended that the town and its citizens shall have preserved any public or private right of action in nuisance or otherwise resulting from the operation of such furnace, either under this article, or under any other town article, state or federal law or regulation, or the common law.
(Ord. of 8-14-12)
(a) Failure to comply with any provision of this article shall be a violation of the Tiverton Town Code. Any person or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this article, shall be fined not exceeding $500.00 for each offense. Each day of the existence of any violation shall be deemed a separate offense. The remedy provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.
(b) The town council or designee shall be responsible for the enforcement of this article.
(c) Any person or entity in violation of the terms of this article shall, in addition to the above sanctions, be liable to the town for the costs of any remediation actions reasonably necessitated by the actions of the violator(s), and for the costs (including reasonable attorney fees) of any action brought for equitable or legal action against the violator, which costs and fees shall constitute a lien against the property on which the furnace is located.
(Ord. of 8-14-12)
Sec. 18-128. Suspension of operation.
(a) Any OHH may be suspended immediately from operation, at the discretion of the Tiverton Town Council or designee, should the town council determine that a nuisance is or has been caused by the use and operation of the furnace, as a result of any condition, including, without limitation, malodorous air contaminants detectable on land other than that of the owner; emissions that interfere with the reasonable enjoyment of the life or property of that other than the owner; the emissions cause damage to the environment, vegetation or property of another, or for any other violation of the terms of this article.
(b) An OHH may be reinstated by the Tiverton Town Council, or designee, once it has been determined that compliance has been established and the offending condition has been remedied.
(Ord. of 8-14-12)
[1]Cross reference(s)—Alarm systems, § 34-26 et seq.; fire prevention and protection, ch. 42; manufactured homes and trailers, ch. 46; solid waste management, ch. 66; streets, sidewalks and other public places, ch. 70.
State law reference(s)—State building code, G.L. 1956, § 23-27.3-1 et seq.
[2]Editor's note(s)—An ordinance of July 25, 2011, § 5, renamed article II, from building inspector to building official.
Cross reference(s)—Officers and employees, § 2-41 et seq.
[3]Editor's note(s)—An ordinance of July 25, 2011, § 5, repealed article V, §§ 18-81—18-87, which pertained to dangerous buildings and derived from the Code of 1967, §§ 7-11—7-17.