5.04.010 Establishment of building department.
5.04.010
(a)
There is established a building department, which shall be under the direction of the director of public safety, who shall be designated as building inspector. The building inspector, together with such assistants or agents as may be designated, shall act as enforcing officers of and exercise the powers set forth in this chapter.
(b)
The department and offices created by this section may be filled by contract with another entity.
(c)
The building inspector shall be under the general administrative supervision of the city administrator and the state fire marshal.
(Prior code 5-1-1)
Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined in accordance with Section 1.12.510 of this code. All persons shall be required to correct or remedy violations or defects within a reasonable time and, when not otherwise specified, each ten days that the protested conditions are maintained after notice shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions by court order.
(Prior code § 5-1-2)
The following terms, whenever used or referred to in this chapter, shall have the following respective meanings for the purposes of this article, unless a different meaning clearly appears from the context:
(1)
Building officer shall mean the officer or officers who are authorized by this chapter to exercise the powers prescribed herein.
(2)
Dwelling shall mean a building or structure, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
(3)
Dwelling unit shall mean a building or that portion of a building arranged, designated or constructed for the use of one family as a dwelling place.
(4)
Owner shall mean the holder of the title in fee simple and every mortgagee of record.
(5)
Parties in interest shall mean all individuals, associations, corporations, and others who have an interest of record in a dwelling and any who are in possession thereof.
(6)
Public authority shall mean the city, or any of its officers, employees or agents who are in charge of any department or branch of the city government relating to health, fire, police, building regulations or to other activities concerned with dwellings within the city.
(Prior code § 5-1-3)
Editor's note— Ord. No.O-07-10, adopted July 22, 2010, repealed § 5.04.040, which pertained to schedule of permit fees and derived from Ord. 2-87, 1987; prior code § 5-1-4.
Any person aggrieved by a decision of the building inspector shall have a right of appeal to the city council, who shall exercise the powers and perform the duties of the boards of adjustment and appeals created by the various technical codes.
(Prior code § 5-1-5)
(a)
The following codes are adopted by reference as though they were copied herein fully:
International Building Code, the edition of which shall be the most recently adopted by the South Carolina Building Codes Council with the following revisions:
Add: Chapter 1 Administration;
International Residential Code, the edition of which shall be the most recently adopted by the South Carolina Building Codes Council with the following revisions:
Add: Chapter 1 Administration;
International Mechanical Code, the edition of which shall be the most recently adopted by the South Carolina Building Codes Council with the following revisions:
Add: Chapter 1 Administration;
International Plumbing Code, the edition of which shall be the most recently adopted by the South Carolina Building Codes Council with the following revisions:
Add: Chapter 1 Administration;
International Fuel Gas Code, the edition of which shall be the most recently adopted by the South Carolina Building Codes Council with the following revisions:
Add: Chapter 1 Administration;
International Fire Code, the edition of which shall be the most recently adopted by the South Carolina Building Codes Council with the following revisions:
Add: Chapter 1 Administration;
International Property Maintenance Code, the edition of which shall be the most recently adopted by the South Carolina Building Codes Council with the following revisions:
Add: Chapter 1 Administration;
NFPA 70, National Electrical Code, the edition of which shall be the most recently adopted by the South Carolina Building Codes Council.
(b)
Within such codes, when reference is made to the duties of a certain official named therein, that designated official of the city of Travelers Rest, county of Greenville, state of South Carolina who has duties corresponding to those of the named official in such code shall be deemed to be the responsible official insofar as enforcing the provisions of such code are concerned.
(Ord. O-01-05, 2005; Ord. O-12-02 § 1, 2002; Ord. O-12-01 § 1, 2001; Ord. O-03-98 §§ 1, 3, 1998: Ord. O-8-96 § 1, 1996; Ord. O-17-95 §§ 1, 3, 1995)
(Ord. O-03-08, 3-20-2008; Ord. No. O-07-10, 7-22-2010; Ord. No. O-14-13, 11-21-2013)
(a)
There is established a board to be called the building and housing board of appeals, which shall consist of three members appointed by city council. Such board, whenever possible, shall consist of architects, engineers, contractors or other persons familiar with the building trade. All the standard codes adopted by the city of Travelers Rest are amended to conform to these provisions. Where a five-member board is specified by the codes, those provisions shall be amended to provide for a three-member board.
(b)
Of the members first appointed, one shall be appointed for a term of one year, one shall be appointed for a period of two years, and one shall be appointed for a period of three years. Thereafter, all members shall be appointed for terms of three years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are made. Continued absence of any member from regular meetings of the board shall at the discretion of city council, render any such member liable to immediate removal and replacement.
(c)
Two members of the board shall constitute a quorum. In varying the application of any provisions of any standard code or in modifying the order of the building official two affirmative votes shall be required. A board member may not act in a case in which he or she has a personal interest.
(d)
The building official shall act as secretary of the board and shall make a detailed record of all proceedings, which shall set forth the reasons for the decisions, the vote of each member, and any failure of a member to vote. Appellants who wish to have a certified transcript of the proceedings must make their own arrangement, at their own expense, to have a court reporter present for such purpose.
(e)
The board shall establish rules and regulations for its own procedure not inconsistent with this ordinance or the standard codes. The board may meet at regular intervals to be determined by the chairman. The board shall meet within thirty days after notice of appeal had been received. Every decision shall be promptly filed in writing with a copy sent to the appellant.
(f)
Any owner of a building or structure or his duly authorized agent may appeal the decision of the building official when it is claimed that any provisions of the standard codes do not apply or when it is claimed that the true intent and meaning of the standard codes has been misconstrued or incorrectly interpreted. Notice of appeal shall be in writing and filed within fifteen days after the decision of the building official. All appeals shall be accompanied by a seventy-five dollar filing fee. If the decision of the building official is substantially overturned by the board, the appellant shall be entitled to a refund of the filing fee. In cases of hardship the board may permit a waiver of the filing fee.
(g)
The building and housing board of appeals established herein shall be considered and shall act as the board of adjustments and appeals referred to in any standard code. Every decision of the board shall be final but subject to review by the court of common pleas in the manner provided by the laws of the state of South Carolina. Provided however, that the petition for review to the court of common pleas shall be filed within thirty days of the board's decision.
(Ord. O-8-96 § 2, 1996)