Rawlins Municipal Code
Title 15
Chapters:
Chapter 15.03
Chapter 15.04
Sections:
Section 15.04.010 Purpose.
The purpose of this title is to provide minimum
standards
to safeguard life, limb, health,
property and public welfare by regulating and controlling the design, construction, quality of
materials, location and maintenance of buildings and structures within the jurisdiction of the city.
(Ord. 5A-80 § 1 (part): prior code § 8-1)
A. The provisions
of this title shall
apply to the construction, alteration, moving, demolition,
repair and use of any building or structure within the jurisdiction of the city, except work located
primarily in a public way, public utility towers and poles and hydraulic flood control
structures.
B. Additions,
alterations, repairs
and changes of use or occupancy in all buildings and
structures shall comply with the provisions for new buildings and structures except as may
otherwise be provided in the technical codes adopted in this title.
C. Where, in any
specific case, different
sections of technical codes specify different
materials, methods of construction or other requirements, the most restrictive shall govern.
D. Wherever in an
adopted technical
code reference is made to the appendix, the provisions
in the appendix shall not apply unless specifically adopted in this title. (Ord. 5A-80 § 1
(part):
prior code § 8-2)
Buildings and structures to which additions,
alterations
or repairs are made shall comply with
all the requirements of the adopted technical codes for new facilities except as specifically
provided otherwise in the codes. (Ord. 5A-80 § 1 (part): prior code § 8-3(a))
A. Additions,
alterations or repairs
may be made to any building or structure without
requiring the existing building or structure to comply with all the requirements of the adopted
technical codes provided the addition, alteration or repair conforms to that required for a new
building or structure. Additions, alterations or repairs shall not cause any part of an existing
building or structure to become unsafe or overloaded. Any building so altered, which involves a
change in use or occupancy shall not exceed the height, number of stories or area permitted for
new buildings.
B. Any building
plus new additions
shall not exceed the height, number of stories and area
specified for new buildings.
C. Alterations or
repairs to an existing
building or structure which are nonstructural and do
not adversely affect any structural member or any part of the building or structure having
required fire resistance may be made with the same materials of which the building or structure is
constructed.
D. Exception. The
installation or
replacement of glass, electrical wiring and apparatus,
plumbing and mechanical features shall be as required for new installations. (Ord. 5A-80 §
1
(part): prior code § 8-3(b))
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Buildings in existence at the time of the
adoption of the
ordinance codified in this title may
have their existing use or occupancy continued, if the use or occupancy was legal at the time of
the adoption of the ordinance codified in this title, provided the continued use is not dangerous to
life. (Ord. 5A-80 § 1 (part): prior code § 8-3(c))
All buildings and structures, both existing and
new, and
all parts thereof, shall be maintained
in a safe and sanitary condition. All devices or safeguards which are required by the adopted
technical codes shall be maintained in conformance with the code edition under which installed.
The owner or his designated agent shall be responsible for the maintenance of buildings and
structures. To determine compliance with this section, the building official may cause any
structure to be reinspected. (Ord. 5A-80 § 1 (part): prior code § 8-3(d))
A. Buildings or
structures moved into
or within the jurisdiction of the city shall comply with
the provisions of the adopted technical codes for new buildings or structures.
B. Temporary
structures such as reviewing
stands and other miscellaneous structures, sheds,
canopies or fences used for the protection of the public around and in conjunction with
construction work may be erected by special permit from the building official for a limited period
of time. The buildings or structures need not comply with the type of construction or
fire-resistive
time periods required by the building code. Temporary buildings or structures shall be
completely removed upon the expiration of the time limits stated in the permit. (Ord. 5A-80
§ 1
(part): prior code § 8-3(e))
Repairs, alterations and additions necessary for
the preservation,
restoration, rehabilitation or
continued use of a building or structure may be made without conformance to all the
requirements of the adopted technical codes when authorized by the building official,
provided:
A. The building or
structure has been
designated by official action of the legally constituted
authority of the city, county or state as having special historical or architectural
significance;
B. Any unsafe
conditions as described
in the adopted codes are corrected;
C. The restored
building or structure
will be no more hazardous based on life safety, fire
safety and sanitation than the existing building. (Ord. 5A-80 § 1 (part): prior code §
8-3(f))
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A. The provisions
of this title are
not intended to prevent the use of any material or method
of construction not specifically prescribed by the adopted technical codes, provided any alternate
has been approved and its use authorized by the building official.
B. The building
official may approve
any such alternate, provided he finds that the proposed
design is satisfactory and complies with the provisions of the appropriate code and that the
material, method or work offered is, for the purpose intended, at least equivalent of that
prescribed in the appropriate code in suitability, strength, effectiveness, fire resistance,
durability, safety and sanitation.
C. The building
official shall require
that sufficient evidence or proof be submitted to
substantiate any claims that may be made regarding its use. The details of any action granting
approval of an alternate shall be recorded and entered in the files of the city. (Ord. 5A-80 §
1
(part): prior code § 8-4)
Whenever there are practical difficulties
involved in carrying
out the provisions of a technical
code, the building official may grant modifications for individual cases, provided he shall first
find that a special individual reason makes the strict letter of the code impractical and that the
modification does not lessen any fire protection requirements or any degree of structural
integrity. The details of any action granting modifications shall be recorded and entered in the
files of the city. (Ord. 5A-80 § 1 (part): prior code § 8-5)
A. Whenever there
is insufficient
evidence of compliance with any of the provisions of any
adopted code or evidence that any material or construction does not conform to the requirements
of any adopted code, the building official may require tests as proof of compliance to be made at
no expense to the city.
B. Test methods
shall be as specified
by the appropriate code or by other recognized test
standards. If there are no recognized and accepted test methods for the proposed alternate, the
building official shall determine test procedures.
C. All tests shall be
made by an approved
agency. Reports of the tests shall be retained by
the building official for the period required for the retention of public records. (Ord. 5A-80
§
1
(part): prior code § 8-6)
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Chapter 15.08
Sections:
Section 15.08.010 Enforcement agency
established.
There is established in the city a code
enforcement agency
which shall be under the
administrative and operation control of the building official. (Ord. 5A-80 § 1 (part): prior
code
§
8-16)
The building official is authorized and directed
to enforce
all the provisions of this title and
the technical codes adopted in this title unless otherwise specifically provided by an adopted
code or other ordinance. For such purposes, he shall have the powers of a law enforcement
officer. (Ord. 5A-80 § 1 (part): prior code § 8-17(a))
In accordance with prescribed procedures and
with the approval
of the mayor, the building
official may appoint plan examiners, inspectors and other related technical officers and other
employees as shall be authorized from time to time. (Ord. 5A-80 § 1 (part): prior code
§ 8-17(b))
Whenever necessary to make an inspection to
enforce any of
the provisions of this title or
whenever the building official or his authorized representative has reasonable cause to believe
that there exists in any building or upon any premises any condition or code violation which
makes the building or premises unsafe, dangerous or hazardous, the building official or his
authorized agent may enter the building or premises at all reasonable times to inspect it or to
perform any duty imposed upon the building official by this title; provided, that if the building or
premises is occupied, he shall first present proper credentials and request entry; and if the
building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or premises and request entry. If such
entry is refused, the building official or his authorized representative shall have recourse to every
remedy provided by law to secure entry. When the building official or his authorized
representative shall have first obtained a proper inspection warrant or other remedy provided by
law to secure entry, no owner or occupant or any other persons having charge, care or control of
any building or premises shall fail or neglect, after proper request is made as provided in this
section, to promptly permit entry therein by the building official or his authorized representative
for the purpose of inspection and examination pursuant to this title. (Ord. 5A-80 § 1 (part):
prior
code § 8-17(c))
Whenever any work is being done contrary to
the provisions
of this title or the adopted codes,
the building official may order the work stopped by notice in writing served on any persons
engaged in the doing or causing the work to be done, and any such persons shall forthwith stop
the work until authorized by the building official to proceed with the work. (Ord. 5A-80 §
1
(part): prior code § 8-17(d))
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Whenever any building or structure or
equipment therein regulated
by this title is being used
contrary to the provisions of any adopted technical code, the building official may order the use
discontinued and the structure, or portion thereof, vacated by notice served on any person
causing the use to be continued. Such person shall discontinue the use within the time prescribed
by the building official after receipt of the notice to make the structure, or portion thereof,
comply with the requirements of the adopted codes. (Ord. 5A-80 § 1 (part): prior code
§ 8-17(e))
A. The building
official, or his authorized
representative charged with the enforcement of
this title, acting in good faith and without malice in the discharge of his duties, shall not render
himself personally liable for any damage that may accrue to persons or property as a result of any
act or by reason of any act or omission in the discharge of his duties. Any suit brought against the
building official or employee because of such act or omission performed by him in the
enforcement of any provision of this title shall be defended by legal counsel provided by the city
until final termination of the proceedings.
B. This title and the
codes adopted
by this title shall not be construed to relieve from or
lessen the responsibility of any person owning, operating or controlling any building or structure
for any damages to persons or property because of defects, nor shall the city be held as assuming
such liability by reason of the inspections authorized by this title or any certificates of inspection
issued under this title. (Ord. 5A-80 § 1 (part): prior code § 8-17(f))
The building official may request, and shall
receive so far
as is required, in the discharge of his
duties, the assistance and cooperation of other officials of the city. (Ord. 5A-80 § 1 (part):
prior
code § 8-17(g))
A. All buildings or
structures regulated
by the codes adopted in this title which are
structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or
which constitute a health hazard, or are otherwise dangerous to human life are, for the purpose of
this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or
public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard,
disaster, damage or abandonment are, for the purpose of this section, unsafe uses. Parapet walls,
cornices, spires, towers, tanks, statuary and other appendages or structural members which are
supported by, attached to, or a part of a building and which are in deteriorated condition or
otherwise unable to sustain the design loads which are specified in the building code are
designated as unsafe building appendages.
B. All such unsafe
buildings, structures
or appendages are declared to be public nuisances
and shall be abated by repair, rehabilitation, demolition or removal in accordance with the
procedures set forth in the dangerous buildings code or such alternate procedures as may have
been or may be adopted by the city. As an alternative, the building official, or other employee or
official of the city as designated by the city council may institute any other appropriate action to
prevent, restrain, correct or abate the violation. (Ord. 5A-80 § 1 (part): prior code §
8-18)
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A uniform citation, summons and complaint issued under this title
by the building
official
shall be in the form and contain the information required by the rules of criminal procedure for
justice of the peace courts and municipal courts pursuant to the rules in force at the time of the
violation, a copy of the rules being available at the office of the Secretary of State, Capitol
Building, Cheyenne, Wyoming and the office of the Municipal Court in the City. (Ord.
5A-80 §
1 (part): prior code § 8-19)
(Ord. 08a-2003, Amended, 08/05/2003)
The building official is empowered to
disconnect or order
the discontinuance of electric
service or gas service to any wiring, piping, equipment or appliance which he may find to be
defective or defectively installed or installed or used in violation of the adopted codes, and he
shall enforce the same until such time as the defect or violation is eliminated; and meanwhile no
electric current or gas service from any other source whatsoever shall be supplied to the defective
installation. In case of emergency, he may disconnect, or order disconnection or shutting off of
any wiring or piping where the electricity or gas may be dangerous to life or property, or
interfere with the work of the fire department. (Ord. 5A-80 § 1 (part): prior code §
8-20)
The building official shall keep complete
records of all
permits issued and inspections made,
and other official work performed under the provisions of this title. (Ord. 5A-80 § 1 (part):
prior
code § 8-21)
| A. | There shall be and is created a Construction Board
consisting of members who are qualified by experience and training to pass upon matters pertaining to
building construction. The building official shall be an ex-officio member and shall act as secretary of the
board. From and after the time when the Construction Board shall have organized and selected its
officers and shall have adopted its rules of procedure and submitted the rules of procedure to the City
Council for approval, then the Construction Board shall have all the powers, duties and responsibilities
set forth in this section. |
| B. | The Construction Board shall consist of five members,
all of whom must maintain a permanent residence or own, operate or maintain employment in a business
within the city limits. One member shall be a qualified master plumber holding a current City license in
good standing. One member shall be a qualified master electrician holding a current City license in good
standing. One member shall hold a current City class A building contractors license in good standing.
Two members may be chosen at large with preference given to professionals connected to the building
trades such as architects or engineers, or suppliers of construction materials. |
| C. | The members shall be appointed in accordance with
the city policy for appointments to boards and commissions. The members shall be appointed for terms
of three years; provided however, that of the appointments first made under this section, two each shall
be appointed for two-year and three-year terms, and one will be appointed for a one-year term.
Removal of members and filling of vacancies shall be in accordance with the then current city policy for
appointment to boards and commissions. |
| D. | The powers and duties of the Construction Board are
as follows: |
| | 1. | Act as a Board of Appeals to
determine: |
| | a. | the suitability of alternate
materials and methods of construction; |
| | b. | to decide appeals of orders,
decisions or determinations made by the building official relative to the application and interpretation of
the adopted Building, Plumbing, Mechanical, Fire, Abatement of Dangerous Buildings, and Electrical
codes, although the Board shall have no authority relative to interpretation of the administrative
provisions of these codes nor shall the board be empowered to waive any requirements of these codes;
and |
| | c. | to review the experience
requirements for applicants of Master and Journeyman Plumbing licenses. |
| | 2. | To recommend to the City Council
any changes necessary to update local Building, Plumbing, Mechanical, Fire, Abatement of Dangerous
Buildings, and Electrical codes. |
| E. | When acting within the capacity of a Board of
Appeals, a quorum of the Construction Board shall meet and make a determination on an appeal within
thirty days of application for appeal, or the decision of the building official is final. The Board of
Appeals shall render all decisions and findings in writing to the building official with a duplicate copy to
the appellant. |
| (Ord. 5A-80 § 1 (part): prior code § 8-22) (Ord. No. 1A-96,
Amended, 01/02/96) |
It is unlawful for any person, firm or corporation
to erect,
construct, enlarge, alter, repair,
move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or
structure or cause or permit the same to be done in violation of this title or the codes adopted in
this title. The city may enjoin any action in violation of this title or the codes adopted in this title
and the city may petition the district court for a mandatory injunction requiring any person, firm
or corporation to do any act required by this title or the codes adopted in this title. (Ord. 5A-80
§
1 (part): prior code § 8-23)
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Chapter 15.12
Sections:
15.12.230 Fees - Repealed.
Section 15.12.010 Required.
A. Is is unlawful
for any person,
firm or corporation to perform any of the following kinds of
work or activities or cause the same to be done without first obtaining a separate permit for each
separate building or structure:
1. Erect, construct,
enlarge, alter,
repair, move, improve, remove, convert or demolish any
building or structure regulated by the building code, except as specified in this chapter;
2. Make any
installation, alteration,
repair, replacement or remodel any plumbing system
regulated by the plumbing code except as specified in this chapter;
3. Make any
installation, alteration,
repair, replacement or remodel any mechanical system
regulated by the mechanical code except as specified in this chapter;
4. Make any
installation, alteration,
repair, replacement or remodel any electrical system
regulated by the electric code except as specified in this chapter;
5. Erect, reerect,
construct, alter
or maintain any sign or sign structure except as specified in
this chapter. A separate permit shall be required for a sign or signs for each business
entity.
B. Separate permits
for plumbing work,
mechanical work, electrical work and signs shall be
required whenever the work is not included as part of the work of a project for which a permit
has been issued. (Ord. 5A-80 § 1 (part): prior code § 8-31)
A permit will not be required for the following
construction
work:
A. One-story
detached accessory buildings
used as tool and storage sheds, playhouses and
similar uses, provided the projected roof area does not exceed one hundred fifty square
feet;
B. Oil
derricks;
C. Cases, counters
and partitions
not over five feet high;
D. Retaining walls
which are not over
four feet in height measured from the bottom of the
footing to the top of the wall unless supporting a surcharge or impounding flammable
liquids;
E. Water tanks
supported directly
upon grade if the capacity does not exceed five thousand
gallons and the ratio of height to diameter or width does not exceed two to one;
F. Platforms, walks
and driveways
not more than thirty inches above grade and not over any
basement or story below;
G. Painting,
papering and similar
finish work;
H. Temporary
motion picture, television
and theater stage sets and scenery;
I. Window awnings
supported by an
exterior wall of Group R, Division 3, and Group M
occupancies when projecting not more than fifty-four inches;
J. Prefabricated
swimming pool accessory
to a Group R, Division 3 occupancy in which the
pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand
gallons. (Ord. 5A-80 § 1 (part): prior code § 8-32(a))
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A permit will not be required for the following
exclusively
plumbing work whenever the work
is not incidental to construction work requiring a building permit:
A. The stopping of
leaks in drains,
soil waste or vent pipe;
B. The clearing of
stoppages or the
repairing of leaks in pipes, valves or fixtures, nor for the
removal and reinstallation of plumbing fixtures, provided such repairs do not involve or require
the replacement or rearrangement of valves, pipes or fixtures;
C. Replacement of
damaged and/or defective
traps, drainpipe, soil pipe, waste pipe, vent
pipe and plumbing fixtures whenever such work is performed by a licensed plumbing
contractor;
D. Removal and
replacement of any
hot, cold or steam piping, provided such work is
performed by a licensed plumbing contractor;
E. Upgrading of
any existing plumbing
system including valves, fixtures, traps, drainpipe,
soil pipe, waste pipe, vent pipe, hot and cold water pipe, nor steam pipe when such work is
performed by a licensed plumbing contractor and further provided the total value of all such
work does not exceed one thousand dollars. (Ord. 5A-80 § 1 (part): prior code §
8-32(b))
A permit will not be required for the following
exclusively
mechanical work whenever it is not
incidental to construction work requiring a building permit:
A. Any portable
heating appliance,
portable ventilating equipment, portable cooling unit or
portable evaporative cooler;
B. Any closed
system of steam, hot
or chilled water piping within heating or cooling
equipment regulated by the plumbing code;
C. Replacement of
any component part
or assembly of an appliance which does not alter its
original approval and complies with other applicable requirements of the plumbing code;
D. Any
refrigerating equipment which
is part of the equipment for which a permit has been
issued pursuant to the requirements of the plumbing code;
E. Any unit
refrigerating system;
F. Removal and
replacement of any
air duct system provided such work is performed by a
licensed mechanical contractor and further provided the total value of all such work does not
exceed one thousand dollars. (Ord. 5A-80 § 1 (part): prior code § 8-32(c))
A permit will not be required for the following,
exclusively
electrical work whenever the work
is not incidental to construction work requiring a building permit and provided the work is
performed by an electrical contractor and does not exceed five hundred dollars in value for
single-family residences nor more than two thousand dollars in value for any other type of
structure:
A. Electrical
maintenance work including
the removal and replacement of defective wiring
and apparatus;
B. Upgrading
existing electrical wiring
systems including switches, outlets, fixtures, etc., but
not to include new electrical services;
C. Minor
extensions of existing electrical
circuits in conformance with the provisions of the
electrical code. (Ord. 5A-80 § 1 (part): prior code § 8-32(d))
A permit will not be required for the following
sign work:
A. The changing of
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, electrical 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. Signs less than
six feet above
grade. (Ord. 5A-80 § 1 (part): prior code § 8-32(e))
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Exemption from the permit requirements of this
chapter shall
not be deemed to grant
authorization for any work to be done in violation of the provisions of the adopted codes or any
other laws or ordinances of the city. (Ord. 5A-80 § 1 (part): prior code §
8-32(f))
To obtain a permit, the applicant shall first file
an application
therefor in writing on a form
furnished by the building official for that purpose. Every such application shall:
A. Identify and
describe the work
to be covered by the permit for which application is made;
B. Describe the
land on which the
proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the proposed
building or work;
C. Be accompanied
by plans, diagrams,
computations and specifications and other data as
required by the building official;
D. State the
valuation of the work
to be done;
E. Be signed by
permittee, or his
authorized agent, who may be required to submit evidence
to indicate such authority;
F. Give such other
data and information
as may be required by the building official. (Ord.
5A-80 § 1 (part): prior code § 8-33(a))
A. Plans and other
data shall be submitted
in two or more sets with each application for a
permit. The building official may require plans, computations and specifications to be prepared
and designed by an engineer or architect licensed by the state to practice as such.
B. Exception. The
building official
may waive the submission of plans, etc., if he finds that
the nature of the work applied for is such that reviewing of plans is not necessary to obtain
compliance with the adopted codes. (Ord. 5A-80 § 1 (part): prior code §
8-33(b))
Plans and specifications shall be drawn to scale
upon substantial
drafting material and shall be
of sufficient clarity to indicate the location, nature and extent of the work proposed and show in
detail that it will conform to the provisions of the applicable codes and all relevant laws,
ordinances, rules and regulations. (Ord. 5A-80 § 1 (part): prior code §
8-33(c))
A. The application,
plans and specifications and other data filed by an applicant for permit shall be reviewed by the
building
official. Such plans may be reviewed by other departments of the City to verify compliance with
any
applicable laws or rules under their jurisdiction. If the building official finds that the work
described in
application for permit and the plans, specifications and other data filed therewith conform to the
requirements of the applicable codes and other pertinent laws and ordinances, and that the fees
specified
in Title 1 of this code have been paid, he shall issue a permit therefor to the applicant.
B. When the
building official issues the permit where plans are required, he shall endorse in writing or stamp
the plans
and specifications "APPROVED." The approved plans and specifications shall not be changed,
modified
or altered without authorization from the building official, and all work shall be done in
accordance with
the approved plans.
C. The building
official may issue permits for the construction of a part of a building or structure before the entire
plans
and specifications for the whole building or structure have been submitted or approved, provided
adequate information and detailed statements have been filed complying with all pertinent
requirements
of the codes. The holder of the permits shall proceed at his own risk without assurance that
permits for
the entire building or structure will be granted.
(Ord. 5A-80 § 1 (part): prior code § 8-34(a))
(Ord. 08a-2008, Amended, 08/19/2008)
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One set of approved plans, specifications and
computations
shall be retained by the building
official for a period of not less than ninety days from the date of completion of the work covered
therein; and one set of approved plans and specifications shall be returned to the applicant. When
required by the building official, one set of approved plans shall be kept on the site of the
building or work at all times during which the work authorized is still in progress. (Ord. 5A-80
§
1 (part): prior code § 8-34(b))
A. The issuance or
granting of a permit
or approval of plans and specifications shall not be
construed to be a permit for, or an approval of, any violation of any of the provisions of this title,
the adopted technical codes or of any other ordinance of the city. No permit presuming to give
authority to violate or cancel the provisions of the adopted codes shall be valid.
B. The issuance of
a permit based
upon plans, specifications and other data shall not prevent
the building official from thereafter requiring the correction of errors in the plans, specifications
and other data, or from preventing building operations being carried on thereunder when in
violation of this title, the adopted technical codes or of any other ordinance of the city. (Ord.
5A-80
§ 1 (part): prior code § 8-34(c))
A. Every permit
issued by the building
official under the provisions of this title shall expire
by limitations and become null and void if the building or work authorized by the permit is not
commenced within one hundred eighty days from the date of the permit, or if the building or
work authorized by the permit is suspended or abandoned at any time after the work is
commenced for a period of one hundred eighty days. Before the work can be recommenced, a
new permit shall first be obtained to do so, and the fee therefor shall be one-half the amount
required for a new permit for the work, provided no changes have been made or will be made in
the original plans and specifications for the work; and provided further, that the suspension or
abandonment has not exceeded one year.
B. Any permittee
holding an unexpired
permit may apply for an extension of the time within
which he may commence work under that permit when he is unable to commence work within
the time required by this chapter for good and satisfactory reasons. The building official may
extend the time for action by the permittee for a period not exceeding one hundred eighty days
upon written request by the permittee showing that circumstances beyond the control of the
permittee have prevented action from being taken. No permit shall be extended more than once.
In order to renew action on a permit after expiration, the permittee shall pay a new full permit
fee. (Ord. 5A-80 § 1 (part): prior code § 8-34(d))
The building official may, in writing, suspend or
revoke
a permit issued under the provisions
of this title whenever the permit is issued in error or on the basis of incorrect information
supplied, or in violation of any ordinance or regulation or any of the provisions of this title. (Ord.
5A-80 § 1 (part): prior code § 8-34(e))
Building Permit fees shall be established by resolution of the City Council as per Title 1 of this code.
(Ord. No. 5-97, Enacted, 05/06/97)
(Ord. 08a-2008, Amended, 08/19/2008)
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Applications for which no permit is issued within one hundred eighty days
following the date of application shall expire by limitation and plans and other data submitted for review
may thereafter be returned to the applicant or destroyed by the building official. The building official
may extend the time for action by the applicant for a period not exceeding one hundred eighty days
upon
request by the applicant showing that circumstances beyond the control of the applicant have prevented
action from being taken. No application shall be extended more than once. In order to renew action on
an
application after expiration, the applicant shall resubmit plans and pay a new plan review fee as
established by resolution of the City Council as per Title 1 of this code.
(Ord. 5A-80 § 1
(part): prior code § 8-35(e))
(Ord. 08a-2008, Amended, 08/19/2008)
Whenever any work for which a permit is required by this chapter has been
commenced without first obtaining the permit, a special investigation shall be made before a permit may
be issued for such work. An investigation fee as established by resolution of the City Council as per
Title
1 of this code shall be collected whether or not a permit is then or subsequently issued. The amount of
the investigation fee shall be established by ordinance of the City Council, and provided for in Title 4 of
this code. The payment of the investigation fee shall not exempt any person from compliance with all
other provisions of this title nor from any penalty prescribed by law. (Ord. 5A-80 § 1 (part):
prior code § 8-35(f)) (Ord. No. 10B-94, Amended, 10/04/94)
(Ord. 08a-2008, Amended, 08/19/2008)
Fees - Refunds shall be established by resolution of the City Council as per Title 1
of this code. (Ord. 5A-80 § 1 (part): prior code § 8-35(g))
(Ord. 08a-2008, Amended, 08/19/2008)
(Ord. 5A-80 § 1 (part): prior code § 8-35 (part)
Chapter Index
Section Index
Chapter 15.16
Sections:
Section 15.16.010 Authorized.
A. All work for
which a permit is
required shall be subject to inspection by the building
official, and certain types of construction shall have continuous inspection by special inspectors
as specified in Sections 15.16.080 through 15.16.120.
B. A survey of the
lot may be required
by the building official to verify compliance of the
structure with approved plans. It shall be the duty of the permit applicant to cause the work to be
accessible and exposed for inspection purposes. Neither the building official nor the city shall be
liable for expense entailed in the removal or replacement of any material required to allow
inspection. (Ord. 5A-80 § 1 (part): prior code § 8-36(a))
A. It shall be the
duty of the person
doing the work authorized by a permit to notify the
building official that the work is ready for inspection. The building official may require that
every request for inspection be filed at least one working day before the inspection is desired.
The request may be in writing or by telephone at the option of the building official.
B. It shall be the
duty of the person
requesting any inspections required by this chapter to
provide access to and means for proper inspection of the work. (Ord. 5A-80 § 1 (part):
prior code
§ 8-36(b))
When required by the building official, work
shall not be
commenced until the permit holder
or his agent has posted an inspection record card in a conspicuous place on the premises and in
such position as to allow the building official conveniently to make the required entries thereon
regarding inspection of the work. This card shall be maintained in such position by the permit
holder until final approval has been granted by the building official. (Ord. 5A-80 § 1
(part):
prior
code § 8-36(c))
A. No work shall
be done on any part
of the building or structure beyond the point indicated
in each successive inspection without first obtaining the approval of the building official. The
approval shall be given only after an inspection has been made of each successive step in the
construction as indicated by each of the inspections required in Section 15.16.050.
B. There shall be a
final inspection
and approval on all buildings and structures when
completed and ready for occupancy or use. (Ord. 5A-80 § 1 (part): prior code §
8-36(d))
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Section Index
A. Reinforcing
steel structural framework,
wiring, piping or duct work of any part of any
building or structure shall not be covered or concealed without first obtaining the approval of the
building official.
B. The building
official, upon notification
from the permit holder or his agent, shall make
the following inspections and shall either approve that portion of the construction as completed
or shall notify the permit holder or his agent wherein the same fails to comply with the adopted
codes:
1. Foundation
Inspection. To be made
after trenches are excavated and forms erected and
when all materials for the foundation are delivered on the job. Where concrete from a central
mixing plant (commonly termed "transit mixed") is to be used, materials need not be
on the
job.
2. Concrete Slab or
Under-Floor Inspection.
To be made after all in-slab or under-floor
building service equipment, conduit, piping accessories and other ancillary equipment items are
in place but before any concrete is poured or floor sheathing installed, including the
subfloor.
3. Frame
Inspection. To be made after
the roof, all framing, fire blocking and bracing are in
place and all pipes, chimneys and vents are complete and the rough electrical, plumbing and
heating wires, pipes and ducts are approved.
4. Gypsum Board
and Lath Inspection.
To be made after all lathing and gypsum board,
interior and exterior, is in place but before any gypsum board joints and fasteners are taped and
finished or before any plastering is applied.
5. Final Inspection.
To be made after
finish grading and the building is completed and ready
for occupancy. (Ord. 5A-80 § 1 (part): prior code § 8-36(e))
In addition to the called inspections specified in
Section
15.16.050, the building official may
make or require other inspections of any construction work to ascertain compliance with the
provisions of the adopted codes and other laws which are enforced by the city. (Ord. 5A-80
§ 1
(part): prior code § 8-36(f))
| A. | A reinspection fee as established by
resolution of the City Council as per Title 1 of this code may be assessed for each inspection or
reinspection when such portion of work for which inspection is called is not complete or when
corrections called for are not made. |
| B. | This section is not to be interpreted as
requiring inspection fees the first time a job is rejected for failure to comply with the requirements of the
applicable codes, but as controlling the practice of calling for inspections before the job is ready for the
inspection or reinspection. |
| C. | Reinspection fees may be assessed
when the approved plans are not readily available to the inspector, for failure to provide access on the
date for which inspection is requested, or for deviating from plans requiring the approval of the building
official. |
| D. | To obtain a reinspection, the applicant
shall file an application therefor in writing upon a form furnished for that purpose and pay the
reinspection fee in accordance with Title 1 of this code. |
| E. | In instances where reinspection fees
have been assessed, no additional inspection of the work will be performed until the required fees have
been paid. (Ord. 5A-80 § 1 (part): prior code § 8-36(g)) |
(Ord. 08a-2008, Amended, 08/19/2008) |
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| In addition to the inspections to be made as specified in Sections 15.16.010
through 15.16.070 the owner shall employ a special inspector during construction on the following
types of work: |
| A. | Concrete. During the taking of test specimens (when
required by the project specifications) and placing of all reinforced concrete and pneumatically placed
concrete. |
| | 1. | Exceptions: |
| | a. | Concrete for
foundations conforming to the minimum requirements of Table 29-A of the building code and for Group
R, Division 3 and Group M, Division 1 occupancies provided the building official finds no special
hazards exist; |
| | b. | For foundation concrete
when the structural design is based on a f'c of no greater than two thousand pounds per square
inch; |
| | c. | Nonstructural slabs on
grade, including prestressed slabs on grade when effective prestress in concrete is less than one
hundred fifty pounds per square inch; |
| | d. | Site work concrete
full-supported on earth and concrete where no special hazard exists. |
| B. | Ductile Moment-Resisting Concrete Frame. As
required by Section 2626(h) of the building code. |
| C. | Reinforcing Steel and Prestressing Steel. |
| | 1. | During all stressing and
grouting
of prestressed concrete; |
| | 2. | During placing of reinforcing steel,
placing of tendons and prestressing steel for all concrete required to have special inspection by
subsection A of this section. |
| | 3 | Exception: |
| | a. | The special inspector
need not be present during entire reinforcing steel and prestressing steelplacing operations, provided he
has inspected for conformance with the approved plans prior to the closing of forms of the delivery of
concrete to the job site. |
| D. | Welding. |
| | 1. | Ductile moment-resisting
steel frames. As required by Section 2722(f) of the building code; |
| | 2. | All structural welding,
including welding of reinforcing steel. |
| | 3 | Exceptions: |
| | a. | When welding is
done in an approved fabricator's shop; |
| | b. | When approved
by the building official, single-pass fillet welds when stressed to less than fifty percent of allowable
stresses and floor and roof deck welding and welded studs when used for structural diaphragm or
composite systems may have periodic inspections as defined in Section 306(e) of the building code.
For periodic inspection, the inspector shall check qualifications of welders at start of work and then
make final inspection of all welds for compliance prior to completion of welding. |
| E. | High-Strength Bolting. During all bolt installations and
tightening operations. |
| | 1. | Exceptions: |
| | a. | The special
inspector need not be present during the entire installation and tightening operation, provided he
has: |
| | i. | Inspected the surfaces and bolt
type for conformance to plans and specifications prior to start of bolting; and |
| | ii. | Will, upon completion of all bolting,
verify the minimum specified bolt tension for ten percent of the bolts for each "type" of
connection, for a representative number of total connections established by the plans and
specifications. |
| | b. | In bearing-type
connections when threads are not required by design to be excluded from the shear plane,
inspection prior to or during installation will not be required. |
| F. | Structural Masonry. During preparation of masonry
wall prisms, sampling and placing of all masonry units, placement of reinforcement, inspection of grout
space, immediately prior to closing of cleanouts and during all grouting operations. Where the f'r is less
than two thousand six hundred pounds per square inch and special inspection stresses are used, test
specimens may consist of either one prism test for each five thousand square feet of wall area or a
series of tests based on both grout and mortar for the first three consecutive days and each third day
thereafter. |
| | 1. | Exception: |
| | a. | Special inspection will
not be required for structures designed in accordance with the values in appropriate tables for
noncontinuous inspection. |
| G. | Reinforced Gypsum Concrete. When cast-in-place
Class B gypsum concrete is being mixed and placed. |
| H. | Insulating Concrete Fill. During the application of
insulating concrete fill when used as part of a structural system. |
| | 1. | Exception: |
| | a. | The special inspections
may be limited to an initial inspection to check the deck surface and placement of reinforcing. The
special inspector shall supervise the preparation of compression test specimens during this initial
inspection. |
| I. | Sprayed-On Fireproofing. As required by U.B.C.
Standard No. 43-8. |
| J. | Piling, Drilled Piers and Caissons. During driving and
testing of piles and construction of cast-in-place drilled piles or caissons. See subsections A and C for
concrete and reinforcing steel inspection. |
| K. | Special Grading, Excavation and Filling. During
earthwork excavations, grading and filling operations inspection to satisfy the requirements of Chapter
29 of the building code. |
| L. | Special Cases. Work which, in the opinion of the
building official, involves unusual hazards. |
| (Ord. 5A-80 § 1 (part): prior code § 8-37(a)) |
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The special inspector shall be a qualified person
who, at
the discretion of the building official,
may be required to demonstrate his competence, to the satisfaction of the building official, for
inspection of the particular type of construction or operation requiring special inspection. (Ord.
5A-80 § 1 (part): prior code § 8-37(b))
A. The special
inspector shall observe
the work assigned to be certain it conforms to the
design drawings and specifications.
B. The special
inspector shall furnish
inspection reports to the building official, the engineer
or architect of record, and other designated persons. All discrepancies shall be brought to the
immediate attention of the contractor for correction, then, if uncorrected, to the proper design
authority and to the building official.
C. The special
inspector shall submit
a final signed report stating whether the work requiring
special inspection was, to the best of his knowledge, in conformance with the approved plans and
specifications and the applicable workmanship provisions of the code. (Ord. 5A-80 § 1
(part):
prior code § 8-37(c))
The building official may waive the requirement
for the employment
of a special inspector if
he finds that the construction is of minor nature. (Ord. 5A-80 § 1 (part): prior code §
8-37(d))
Some inspections may be made on a periodic
basis and satisfy
the requirements of continuous
inspection, provided this periodic scheduled inspection is performed as outlined in the project
plans and specifications and approved by the building official. (Ord. 5A-80 § 1 (part): prior
code
§ 8-37(e))
Chapter Index
Section Index
Chapter 15.20
Sections:
Section 15.20.010 Required for use or
occupancy.
No building or structure shall be used or occupied, and no change in the existing occupancy
classification of a building or structure or portion thereof shall be made until the building official
has issued a certificate of occupancy therefor as provided herein.Issuance of a certificate of
occupancy shall not be construed as an approval of a violation of the provisions of this code or of
other ordinances of the jurisdiction. (Ord. 5A-80 § 1 (part): prior code § 8-
38(a))(Ord. 3-2005, Amended, 06/21/2005)
Changes in the character or use of a building
shall not be made except as specified in Section 301 of the building code. (Ord. 5A-80 § 1
(part): prior code § 8-38(b))(Ord. 3-2005, Amended, 06/21/2005)
|
Prior to the issuance of a certificate of occupancy, the following conditions must be
met: |
| A. | The permittee or
his agent shall submit to the building official an as-built site plan which shall contain all
information required by the building official. |
| B. | All off-site
improvements normally required by the subdivision regulations shall be completed, inspected
and approved by the director of planning, except when specifically waived by the director of
planning in
one or more of the following circumstances: |
| | 1. | A single-family
residence constructed upon a lot platted by a subdivision prior to April 24, 1978; |
| | 2. | A mobile home
residence placed upon a lot platted by a subdivision prior to April 24, 1978; |
| | 3. | When winter
weather conditions prevent the completion of asphalt paving and/or sidewalk
construction. |
| C. | All required off-
street parking facilities and improvements except when specifically waived by the director of
planning
in instances when winter weather conditions prevent the completion of asphalt paving. (Ord. 5A-
80 § 1 (part): prior code § 8-38(c))(Ord. 11-2007, Amended, 11/06/2007; Ord.
3-2005,
Amended, 06/21/2005) |
| After the building official inspects the building or structure and
finds no violations of the provisions of this code or other laws that are enforced by the
department of building safety, the building official shall issue a certificate of occupancy which
shall contain the following: |
| 1. | The building permit
number; |
| 2. | The address of the
building; |
| 3. | The name and address of the
owner; |
| 4. | A description of that portion of the
structure for which the certificate is issued. |
| 5. | A statement that the described
portion of the structure has been inspected for compliance with the requirements of this code for
the occupancy and division of occupancy and the use for which the proposed occupancy is
classified; |
| 6. | The name of the building
official. |
| 7. | The edition of the code under which
the permit was issued. |
| 8. | The use and occupancy, in
accordance with the provisions of Chapter 3. |
| 9. | The type of construction as defined
in Chapter 6. |
| 10. | The design occupant
load. |
| 11. | If an automatic sprinkler is
provided, whether the sprinkler system is required. |
| 12. | Any special stipulations and
conditions of the building permit. (Ord. 5A-80 § 1 (part): prior code § 8-
38(d))(Ord. 3-2005, Amended, 06/21/2005) |
The building official is authorized to issue a temporary certificate of occupancy before the
completion of the entire work covered by the permit, provided that such portion or portions shall
be
occupied safely. The building official shall set a time period during which the temporary
certificate
of occupancy is valid. (Ord. 5A-80 § 1 (part): prior code § 8-38(e))(Ord. 3-2005,
Amended, 06/21/2005)
The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or
completion issued under the provisions of this code wherever the certificate is issued in error, or
on
the basis of incorrect information supplied, or where it is determined that the building or
structure
or portion therefor is in violation of any ordinance or regulation or any of the provisions of this
code.(Ord. 3-2005, Amended, 06/21/2005)
Section 15.20.060 Posting.
The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not
be
removed except by the building official. (Ord. 5A-80 § 1 (part): prior code §
8-38(f))(Ord.
3-2005, Amended, 06/21/2005)
Chapter Index
Section Index
Chapter 15.24
Sections:
15.24.110 Uniform swimming pool, spa and hot tub
code. Removed by Ord. No 3-05, Amended 3-01-2005
15.24.150 International Building Code.
15.24.220 Performance Code.
Section 15.24.010 Adoptions generally.
The technical codes adopted in this chapter are adopted in their entireties except as modified in
this
chapter, and by this reference expressly made a part of this chapter, insofar as the codes do not
conflict with other city ordinances to the contrary. (Ord. 12-85 (part): Ord. 3-82 § 1 (part):
Ord.
5A-80 § 1 (part): prior code § 8-51)(Ord. 3-2005, Amended, 06/21/2005)
Section 15.24.020 Building code.
The International Building Code, 2006 Edition as
published by the
International Code
Council, is adopted as the Rawlins Building Code. The International Residential Code,
2006
Edition as published by the International Code Council, is adopted as the minimum standards for
one and two family dwellings. (Ord. 8-91 (part): Ord. 5A-89 (part): Ord. 12-85 (part): Ord. 3-82
§ 1 (part): Ord. 5A-80 § 1 (part): prior code § 8-52) (Ord. No. 7B-95,
Amended, 07/05/95; Ord. No. 1C-98, Amended, 01/20/98)
(Ord. 04-2008, Amended, 04/01/2008; Ord. 03-2005, Amended,
06/21/2005)
The Uniform Code of Building
Conservation,
1997 edition, including appendices, as published by the International Conference of Building
Officials, is adopted as the uniform code for building conservation. (Ord. 8-89) (Ord. No. 1C-98,
Amended, 01/20/98)(Ord. 3-2005, Amended, 06/21/2005)
Section 15.24.030 Plumbing code.
The International Plumbing Code, 2006 Edition, as
published by the International Code
Council, is adopted as the Rawlins Plumbing Code. (Ord. 8-91 (part): Ord. 5A-89 (part): Ord.
12-85 (part): Ord. 3-82 § 1 (part): Ord. 5A-80 § 1 (part): prior code § 8-53)
(Ord. No. 7B-95, Amended, 07/05/95; Ord. No. 1C-98, Amended,
01/20/98)
(Ord. 04-2008, Amended, 04/01/2008; Ord. 03-2005, Amended,
06/21/2005)
Section 15.24.040 Mechanical code.
The International Mechanical Code, 2006 Edition, as
published by the International Code Council, is adopted as the Rawlins Mechanical Code.
(Ord. 8-91 (part): Ord. 5A-89 (part): Ord. 12-85 (part): Ord. 3-82 § 1 (part): Ord. 5A-80
§ 1 (part): prior code § 8-54) (Ord. No. 7B-95,
Amended, 07/05/95; Ord. No. 1C-98, Amended, 01/20/98)
(Ord. 04-2008, Amended, 04/01/2008; Ord. 03-2005, Amended,
06/21/2005)
Section 15.24.050 Electrical code.
The National Electric Code, 2005 Edition, as published by the
National Fire Protection Association, is adopted as the Rawlins Electric Code. (Ord. 12-85 (part):
Ord. 3-82 § 1 (part): Ord. 5A-81 § 1: Ord. 5A-80 § 1 (part): prior code
§ 8-55) (Ord. No. 5A-93, Amended, 05/18/93; Ord. No. 1C-98, Amended,
01/20/98)
(Ord. 04-2008, Amended, 04/01/2008; Ord. 03-2005, Amended, 06/21/2005; 8-99, Amended,
08/03/1999)
Chapter Index
Section Index
The Uniform Sign Code, 1997 Edition, as
published by the International Conference of Building Officials, is adopted as the Rawlins Sign
Code. (Ord. 8-91 (part): Ord. 12-85 (part): Ord. 3-82 § 1 (part): Ord. 5A-80 § 1 (part):
prior code § 8-56) (Ord. No. 7B-95, Amended, 07/05/95; Ord. No. 1C-98, Amended,
01/20/98)(Ord. 3-2005, Amended, 06/21/2005)
Section 15.24.070 Fire code.
The International Fire Code,
2006 Edition, as published by the International Code Council, is adopted as the Rawlins
Fire Code.
(Ord. 04-2008, Amended, 04/01/2008; Ord. 03-2005, Amended,
06/21/2005)
Section 15.24.080 Flammable and combustible liquids
code.
The International Fuel Gas Code, 2006 Edition, as published
by the International Code Council, is adopted as the Rawlins Flammable and Combustible liquids
code. (Ord. 12-85 (part): Ord. 3-82 § 1 (part): Ord. 5A-80 § 1 (part): prior code
§ 8-58)
(Ord. 04-2008, Amended, 04/01/2008; Ord. 03-2005, Amended,
06/21/2005)
The Uniform Dangerous Building 1997
Edition, as published by the International Conference of Building Officials, is adopted as the
Rawlins
Dangerous Building Code. (Ord. 8-91 (part): Ord. 5A-89 (part): Ord. 12-85 (part): Ord. 3-82
§
1 (part): Ord. 5A-80 § 1 (part): prior code § 8-59) (Ord. No. 7B-95, Amended,
07/05/95;
Ord. No. 1C-98, Amended, 01/20/98)(Ord. 3-2005, Amended, 06/21/2005)
The International Energy Conservation
Code,
2003 Edition, as published by the International Code Council, is adopted as the Rawlins Energy
Conservation Code. (Ord. 12-85 (part): Ord. 3-82 § 1 (part): Ord. 5A-80 § 1 (part):
prior
code § 8-60) (Ord. No. 1C-98, Amended, 01/20/98)(Ord. 3-2005, Amended,
06/21/2005)
Chapter Index
Section Index
The Uniform Mobile Home and R.V.
Standards, 1985 edition, as published by the International Conference of Building Officials, is
adopted as the Rawlins mobile home and R.V. standards. (Ord. 12-85 (part)(Ord. 3-2005,
Amended,
06/21/2005)
The Uniform Housing Code, 1997 Edition, as published by
the
International Conference of Building Officials, is adopted as the Rawlins housing code. (Ord.
8-91
(part): Ord. 12-85 (part) (Ord. No. 7B-95, Amended, 07/05/95; Ord. No. 1C-98, Amended,
01/20/98)(Ord. 3-2005, Amended, 06/21/2005)
The Wyoming Public Works Standard Specifications, 1993 Edition, as
published by the Wyoming Association of Consulting Engineers and Surveyors, is adopted as the
City of Rawlins standard for technical specifications used in public works projects performed by
the
City, or by contractors doing work for the City or within the jurisdiction of the City. (Ord. No.
9B-
93, Enacted, 09/21/93)(Ord. 3-2005, Amended, 06/21/2005)
Section 15.24.150 Existing Building Code.
The International Existing Building Code, 2006 Edition, as
published by the International Code Council, is adopted as the Rawlins Existing Building
Code.
(Ord. 04-2008, Amended, 04/01/2008; Ord. 03-2005, Add, 06/21/2005)
Section 15.24.160 Property Maintenance Code.
The International Property Maintenance Code, 2006 Edition, as
published by the International Code Council, is adopted as the Rawlins Property Maintenance
Code.
(Ord. 04-2008, Amended, 04/01/2008; Ord. 03-2005, Add, 06/21/2005)
Section 15.24.170 Residential Code.
The International Residential Code, 2006 Edition, as published by the International Code
Council, is adopted as the Rawlins Residential Code.
(Ord. 04-2008, Add, 04/01/2008)
Chapter Index
Section Index
Section 15.24.180 Private Sewage Code.
The International Private Sewage Code, 2006 Edition, as published by the
International Code Council, is adopted as the Rawlins Private Sewage Code.
(Ord. 04-2008, Add, 04/01/2008)
Section 15.24.190 Energy Conservation Code.
The International Energy Conservation Code, 2006 Edition, as published by the International
Code Council, is adopted as the Rawlins Energy Conservation Code.
(Ord. 04-2008, Add, 04/01/2008)
Section 15.24.200 Wildland Interface Code.
The International Wildland Interface Code, 2006 Edition, as published by the International Code
Council, is adopted as the Rawlins Wildland Interface Code.
(Ord. 04-2008, Add, 04/01/2008)
Section 15.24.210 Zoning Code.
The International Zoning Code, 2006 Edition, as published by the International Code Council, is
adopted as the Rawlins Zoning Code.
(Ord. 04-2008, Add, 04/01/2008)
Section 15.24.220 Performance Code.
The International Performance Code, 2006 Edition, as published by the International Code
Council, is adopted as the Rawlins Performance Code.
(Ord. 04-2008, Add, 04/01/2008)
Section 15.24.230 Appeals.
A.
General. In order to hear and decide appeals of orders, decisions, or
determinations made by the code official relative to the application and interpretation of the
codes in this chapter, there shall be and is hereby created a board of appeals and/or hearing
examiner. The board of appeals and/or hearing examiner shall be appointed from time to time
and as needed by the City Manager to hear each appeal. The board or examiner shall conduct
business in accordance with the Wyoming Administrative Procedure Act.
B.
Limitations on authority. An application for appeal shall be based on a claim that
the true intent of the code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of the code do not fully apply, or an equally good or better form of
construction is proposed. The board or examiner shall have no authority to waive requirements of
the code.
C.
Qualifications. The board of appeals and/or hearing examiner shall consist of a
member or members who in the sole discretion of the City Manager are qualified by experience
and training to pass on matters pertaining to these codes.
D. As an alternative to sections A, B and C above
the City Manager may elect to follow the notice and hearing procedure described in the adopted
code.
(Ord. 04-2008, Add, 04/01/2008)
Chapter Index
Section Index
Chapter 15.28
Sections:
Section 15.28.010 Contractors defined.
For the purpose of this title the word
"contractor"
means one who contracts to furnish supplies
or perform work at a certain price or rate. (Ord. 5A-80 § 1 (part): prior code §
8-71)
| A. | It is unlawful for any
person, firm or corporation to carry on or engage or offer to engage in the business of contracting for
any of the following types of work or services within the City without first having a valid contractor's
license in the particular contracting category under the provisions of this article, issued by the building
official: build, erect, construct, alter, add to, repair or demolish any building or structure, sign installing,
excavating, grading, pole and tower installing or construction, concrete work, landscaping, tree
trimming, and any other type of work regulated by this title. |
| B. | Nothing in this section
shall prevent any property owner from doing such regulated work on his own property, with his own
hands, provided: |
| | 1. | All
such work meets the requirements of the technical codes adopted in this title; |
| | 2. | Is
inspected by the building official as provided in this title; |
| | 3. | A
proper permit has been issued for the work. |
| C. | The requirements for
contractor's licensing shall not apply to properly franchised utility companies. |
| D. | Classes of Building
Contractors |
| | 1. | Class
A Building Licenses |
| | a. | Building
Contractor - Residential: Limited to construction, remodeling, repair or wrecking of one and two family
residences, and buildings accessory thereto. |
| | b. | Building
Contractor - Commercial: Limited to the erection, addition to, remodelling and wrecking of
commercial
buildings and single or multiple dwelling residential buildings, not exceeding three stories in height, and
non-structural remodels to commercial buildings exceeding three stories in height. |
| | c. | Building
Contractor - General: Unlimited construction related to the building, remodeling or repairing of any
structure or addition thereto. |
| | 2. | Class
B Building Contractor |
| | Limited to specialty trades which
do not involve the construction, alteration or repair of any structural or load bearing components of a
structure or building including: painting; wallpaper hanging; floor cover installation; flat work concrete
construction limited to 30 inches high or 6 inches thick; blacktop, paving, and asphalt laying; glazing;
cabinet installation; insulating; sign installation; grading, excavating; pole and tower installation; mobile
home installation; tree trimming; and landscaping. |
| E. | Class A building
Contractor licenses shall be issued by the Building Official in the name of an individual person who pays
the required fee as established by resolution of the City Council as per Title 1 of this code and who
successfully passes an examination conducted by the Wyoming Association of Municipalities
Reciprocal
Testing Program. Provided that no person holding a valid license with the City of Rawlins as of the
date
of passage of this ordinance shall be required to take and pass the examination, for so long as their
license is kept current. At least one person holding a valid license is required by this Title to be in direct
supervision of any construction project during times that such work is being performed. |
| F. | The Building Official
may issue a temporary conditional Class A license for a period not to exceed six months to any
individual
upon evidence sufficient to show adequate knowledge to allow for time for the individual to study for
and pass the required examination. |
| (Ord. 5A-80 § 1 (part): prior code § 8-72) (Ord. No. 12A-95,
Amended, 12/05/95)
(Ord. 08a-2008, Amended, 08/19/2008) |
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| A. | All Licensees shall be responsible for work requiring a
permit under the provisions of this article. |
| | 1. | The Building Official may suspend or
revoke a Contractor's license if it is found it was obtained through error or fraud. The Building
Official may suspend a Contractor's license when one or more of the following are committed by any
Licensed Contractor in the City of Rawlins: |
| | a. | Failure to obtain the
proper permit prior to performing work. |
| | b. | Failure to faithfully
construct, without substantial departure from or disregard of drawings and specifications when such
drawings and specifications have been filed and approved by the department and permit issued for
same, unless such changes are approved by the department. |
| | c. | Failure to complete all
work authorized on the permit issued under the authority of any City ordinance or any adopted building
code unless the owner has requested the work be stopped, or has not fulfilled the contract
obligations, or other good cause is proved. |
| | d. | Failure to obtain
inspection services when the same are required by any City ordinance or any adopted building
code. |
| | e. | Failure to pay any fee
assessed under any City ordinance or any adopted building code. |
| | f. | Failure to build in
compliance with all applicable codes. |
| | g. | Failure to contact
Carbon County Underground Utility Coordinating Council before doing any excavation in compliance
with §37-12-301 through 304, Wyoming Statutes, 1977. |
| | h. | Failure to immediately
notify the owner of any underground facility if it is contacted or damaged in the course of excavation in
compliance with §37-12-301 through 304, Wyoming Statutes, 1977. |
| | i. | Failure to obtain a current
license and insurance prior to contracting. |
| | j. | Failure to obtain a
Certificate of Occupancy prior to occupancy by an owner of a building or structure. |
| | k. | Knowingly combining or
conspiring with a person, form, or corporation by permitting one's license to be used by such person,
form or corporation. |
| | l. | By acting as agent,
partner, associate, or in any other capacity, with persons, firms or corporations to evade the provisions
of this article. |
| | m. | Knowingly violating any
provisions of this article. |
| | 2. | Any person who shall violate the
provisions of this article by doing business within the city as a Contractor, as defined herein, without a
license, or after a license has been suspended, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine of not more than Seven Hundred Fifty Dollars ($750.00). Each
day said violation continues shall be considered a separate offense. |
| | a. | A contractor's license
shall be suspended at least thirty (30) days for failure to comply with 15.28.030(A)(1)(g), if
underground facilities owned by the City of Rawlins are damaged in the course of the
excavation. |
| | b. | A contractor's license
shall be suspended at least fifteen (15) days for failure to comply with 15.28.030(A)(1)(h), if
underground facilities owned by the City of Rawlins are damaged in the course of the
excavation. |
| | 3. | The Building Official shall provide
the Contractor written notice of the violation of Section 15.28.030(a)(1), known as a first time warning
letter, and order him to correct his violation within five (5) days. A second warning letter will be
sent to the Contractor if he does not comply with the terms of the first time warning letter. The
second warning letter will be sent by certified mail, return receipt requested or will be hand delivered to
the Contractor and will advise the Contractor to correct the violation of 15.28.030(A)(1) within five (5)
days, or his Contractor's license will be suspended. If the Contractor's violation of Section 15.28.030 is
in performance of the work, and the violation constitutes a threat to health and safety, the Building
Official may contact the Contractor and order an immediate correction of the work. If the items
in violation of 15.28.030(A)(1) are not rectified within the time specified in the second warning letter,
the following disciplinary action may be taken: |
| | a. | The Building Official
shall have the discretion of placing the Contractor on probation for a period of time not to exceed one
(1) year only if the Contractor has never before been charged with a violation of 15.28.030(A)(1) and
if the Contractor complies with the second warning letter and corrects the violations listed therein.
A Probationary Contractor may perform all actions permitted by a Contractor's License.
If a Probationary contractor violates 15.28.030(A)(1) during his probationary period then his
Contractor's License shall be suspended pursuant to 15.28.030(A)(2). Probationary
Contractors may appeal this decision to the Director of Community Development in accordance with
Section 15.28.030(B). |
| | b. | 1st Offense or any
subsequent violation of different items - 10 calendar day license suspension. |
| | c. | 2nd Offense of the same
item as the 1st offense within a 12 month period, whether or not at the same address - 30 calendar day
license suspension. |
| | d. | 3rd Offense of the same
item within a 12 month period - 3 month license suspension. Prior to contracting after the
completion of this suspension period, the Contractor must reapply for a Contractor's License.
The Building Official may require the Contractor to take and pass any testing requirements that
are in place for new Contractor's License. The Contractor's License shall be reinstated if the
violations listed in the notice to the Contractor have been corrected and required testing taken and
passed. If the violations listed in the notice to the Contractor have not been corrected, then the
Building Official shall have the authority to suspend the Contractor's License for a period of one (1)
year. After the conclusion of the one (1) year suspension, the Contractor shall be eligible to
apply for a new Contractor's License, which may only be granted subject to a one (1) year
probation. |
| | 4. | Three (3) first time warning letters
for the same type of violation within a 12 month period shall constitute a first offense and require a ten
(10) day suspension. The 12 month period begins with the mailing of the first letter. |
| B. | When any of the acts or omissions as herein
enumerated are committed by a licensed Contractor, the Building Officer shall notify the Contractor of
his decision as provided in this section to suspend his license as provided in this section. All
Contractors whose licenses are revoked or suspended may appeal and have their case heard by the
Director of Community Development. The failure of the Contractor to appeal as provided in this
section shall make the decision of the Building Official final and not subject to review in any other
tribunal. |
| | 1. | The Contractor shall be notified, in
writing, by certified mail, at the address for the Contractor on file with the Building Official at least
seven (7) days prior to the start of the suspension. |
| | 2. | Upon receipt of the notice, the
Contractor may request a hearing by filing an appeal in writing with the Building Official within ten (10)
days of mailing of the notice. |
| | 3. | If an appeal is filed by a Contractor,
the Building Official shall notify the Director of Community Development and the Director of
Community Development shall set a time, date and place for the hearing and the Building Official shall
so notify the licensee in writing. |
| | 4. | When a hearing is conducted, the
Contractor shall, and other interested parties may, be in attendance. Upon completion of the
hearing, the Director shall notify the Contractor of its findings and ruling in writing by certified
mail. |
| | 5. | The Director of Community
Development shall have the power to modify the suspension and/or probation. No probationary
period shall extend longer than one (1) year. The Director of Community Development may
also: |
| | a. | issue an informal
reprimand which does not become part of the Contractor's file; |
| | b. | issue a formal reprimand
stating the Director of Community Development's findings of fact and conclusions of law. A
formal reprimand becomes part of the Contractor's file and may be considered in subsequent
determinations of the Director of Community Development; |
| | c. | require a Contractor to
conform his work to the appropriate code within a stated reasonable period of time. If the
Contractor fails to conform the work within the stated time period, the permit shall be voided and the
permittee shall remove himself from the job; or |
| | d. | issue such injunctive
relief as may be appropriate in the circumstances. |
| | 6. | If the decision rendered by the
Director of Community Development is adverse to the Contractor, the Contractor may appeal to the
District Court in writing within thirty days (30) days of the mailing of the notice of ruling. |
| | 7. | Working or contracting during a
suspension will automatically subject an individual to a suspension of thirty (30) calendar days in
addition to the period of suspension then in effect and shall expose him to the provisions of
15.28.030(A)(2). |
| | 8. | While a license is suspended, a
Contractor or his employees shall not contract further work. The Contractor may perform
warranty work, repairs or other operations commonly associated with the contracting business only
with the written approval of the Building Official. |
| (Ord. 5A-80 § 1 (part): prior code § 8-73)(Ord. No. 10A-95,
Amended, 10/17/95) |
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Chapter 15.31 DIVISION II.
PLUMBING*
* For provisions adopting the plumbing code, see
Section 15.24.030
of this code.
Chapter 15.32
Sections:
Section 15.32.010 Purpose.
This division provides minimum requirements
and standards
for the protection of the public
health, safety and welfare. (Ord. 4B-78 (part): prior code § 23-1)
The provisions of this division shall apply to the
erection,
installation, alteration, addition,
repair, relocation, replacement, maintenance or use of any plumbing system except as otherwise
provided for in this division. (Ord. 4B-78 (part): prior code § 23-2)
A. "Apprentice
plumber"
means a person who labors at the trade of plumbing as an
employee under the direct supervision and in the immediate presence of a master plumber or
journeyman plumber.
B. "Building
official" means
the duly appointed building official of the city or his authorized
representative.
C. "Journeyman
plumber"
means a person who labors at the trade of plumbing as an
employee.
D. "Master
plumber" means
a person skilled in the planning, superintending and practical
installation of plumbing and who is familiar with the laws, rules and regulations governing the
same.
E. "Plumbing
contractor"
means a person who may conduct, carry on or engage in the
business of plumbing. (Ord. 4B-78 (part): prior code § 23-3)
No business or license or permits shall be
required under
this chapter for the installation,
alteration or repair of gas or steam piping, appliance or equipment, installed by or for a public
utility, for the use of the utility in the generation, transmission, distribution or metering of gas,
electric or steam service, and no journeyman's license shall be required for employees engaged in
such work for the utility. (Ord. 4B-78 (part): prior code § 23-4)
The building official or any employee charged
with the enforcement
of this division, acting in
good faith and without malice for the city in the discharge of his duties, shall not thereby render
himself liable personally and he is relieved from all personal liability for any damage that may
occur to persons or property as a result of any act required or by reason of any act of omission in
the discharge of his duties, such act or omission performed by him in the enforcement of any
provisions of this division, shall be defended by the city attorney until final termination of the
proceedings. (Ord. 4B-78 (part): prior code § 23-6)
Any person, firm or corporation violating any
provisions
of this division shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished as provided by this code.
Each separate day or any portion thereof during which any violation of this division occurs or
continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be
punishable as provided. The issuance or granting of a permit or approval of plans and
specifications shall not be construed to be a permit for, or an approval of, any violation of any of
the provisions of this division. No permit presuming to give authority to violate or cancel the
provisions of this division shall be valid, except insofar as the work or use which it authorized is
lawful. (Ord. 4B-78 (part): prior code § 23-5)
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Chapter 15.36
Sections:
15.36.110 Reexamination. REPEALED.
Section 15.36.010 Contractor license required.
It is unlawful for any person to conduct, carry on
or engage
in the business of plumbing or act
in the capacity of a plumbing contractor without first having a valid plumbing contractor's
license, issued to him by the building official. (Ord. 5A-84(b) (part)
It is unlawful for any person to labor at the trade
of plumbing
in the capacity of a master
plumber without first having had issued to him a valid master plumber's license by the building
official. (Ord. 5A-84(b) (part)
It is unlawful for any person to labor at the trade
of plumbing
in the capacity of a journeyman
plumber without first having had issued to him a valid journeyman plumber's license by the
building official. (Ord. 5A-84(b) (part)
Nothing in this chapter shall prevent any
homeowner from
doing such work with his own
hands, provided the work meets inspection requirements, and a proper permit has been issued.
(Ord. 5A-84(b) (part)
Any person who is required by this division to
possess a
plumber's license shall make
application therefor to the building official on application blanks provided by the building
official. (Ord. 5A-84(b) (part)
The holder of a city journeyman or master plumber's license which
has expired
within the past
five years may, at the discretion of the building official, renew the license by paying all back
charges due the city and by satisfying the building official of their competency. This section shall
be applicable only to those persons who have been licensed under another jurisdiction during the
time mentioned in this section. (Ord. 5A-84(b) (part)
Pending the examination of an applicant for a
journeyman
license, the building official may
issue a temporary work permit, good only until an examination can be scheduled. (Ord. 5A-84(b)
(part)
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Before a plumbing contractor's license may be
issued to a
person, he shall file a bond in the
amount of five thousand dollars with the building official. A plumbing contractor shall present
evidence that at least one full-time employee is a holder of a valid master plumber's license. In
the event a licensed contractor is without an employee holding a master plumber's license, he will
be granted thirty days to secure an employee with a master plumber's license. If, at the end of
thirty days, an employee holding a master plumber's license cannot be secured, the plumbing
contractor's license shall be revoked. (Ord. 5A-84(b) (part)
A. Every person
qualifying and obtaining a plumber's license shall pay to the City, at the time the license is granted, a fee
as established by resolution of the City Council, and provided for in Title 1 of this code.
B. Every person
applying to take the license examinations, or reexamination, upon making application, shall pay a fee as
established by resolution of the City Council, and provided for in Title 1 of this code.(Ord. 5A-84(b)
(part) (Ord. No. 10B-94, Amended, 10/04/94)
(Ord. 08a-2008, Amended, 08/19/2008)
Written examinations conducted by the
Wyoming Plumbing Trades
Certification Program are
required in order to obtain a master plumber or journeyman plumber license. Following is
the
experience criteria and all examinations require seventy-five percent (75%) or more for a passing
score. Affidavits corroborating the number of years claimed to have been worked at the
trade
from former employers are required if prior experience is claimed.
A. Master Plumber.
Two years as a
licensed journeyman plumber in the city. Experience as a
journeyman plumber or master plumber under the recognized licensing authority of a state or
other municipality having license examinations comparable to that of the city will be accepted in
lieu thereof for each year required. Equivalent training or experience in this trade documented by
affidavits from former employers or certificates from training programs may be accepted in lieu
of Journeyman program if acceptable to Building Official.
B. Journeyman
Plumber. Completion
of a four-year plumbing apprenticeship training
program recognized by the city. One year's experience as an apprentice plumber, journeyman or
master plumber under a recognized authority of a state or municipality will be accepted in lieu
thereof for each year of required apprenticeship. Equivalent training or experience in this trade
documented by affidavits from former employers and certificates from training programs may be
accepted in lieu of apprenticeship program if acceptable to Building Official. (Ord. 5A-84(b)
(part) (Ord. No. 12A-95, Amended, 12/05/95)
(Ord. 5A-84(b) (part) (Ord. No. 12A-95, Amended, 12/05/95)
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A certificate of qualification shall be issued to
every person
who makes application for the
certificate, pays the required fee, has the required experience, and has and successfully passed
the Wyoming Plumbing Trades Certification examination; provided, however, that the building
official may issue the certificate to any person who makes application therefor, pays the required
fee and possesses and presents a valid certificate of qualification issued to him by any other
governmental agency giving an examination the scope and character of which, in the opinion of
the building official, is at least equal to that given by the Wyoming Plumbing Trades
Certification program. (Ord. 5A-84(b) (part) (Ord. No. 12A-95, Amended, 12/05/95)
A. Every certificate
of qualification and contractor's license issued under the provisions of this chapter shall remain in force
and effect for one year after issuance, unless cancelled or revoked.
B. Licenses shall be
renewable for another one-year period upon payment of the prescribed renewal fee as established by
resolution of the City Council as per Title 1 of this code provided the fee is paid within thirty days after
the date of expiration.
C. Failure to renew a
license within the prescribed time period shall result in automatic cancellation of the license and a new
license will only be issued upon approval of the building official.(Ord. 5A-84(b) (part)
(Ord. 08a-2008, Amended, 08/19/2008)
The building official may, after a hearing is
held, cancel
or revoke any certificate of
qualification issued to any person, if the person later shows incompetency or lack of knowledge
in matters relevant to the certificate or if the certificate was obtained by fraud. Hearings shall be
held pursuant to the provisions of the Wyoming Administrative Procedures Act, Sections
9-4-101
through 9-4-105, Wyoming Statutes, annotated, (1977), and all amendment thereto. If the
certificate of qualification of any person is so cancelled or revoked, another such certificate shall
not be granted to such person within twelve months after the date of cancellation or revocation.
(Ord. 5A-84(b) (part)
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Certificates of qualification issued under the
provisions
of this chapter shall not be
transferable from one person to another. (Ord. 5A-84(b) (part)
The lending of any certificate of qualification or
the obtaining
of permits thereunder for any
other person shall be deemed unlawful. (Ord. 5A-84 (b) (part)
All master plumber or journeyman licenses
which have been
issued prior to the effective date
of the ordinance codified in this division shall remain in full force and effect until the license
expires. Upon its expiration, renewal thereof shall only be allowed after recertification of the
license holder by the building official pursuant to written examination which sufficiently
demonstrates that the applicant possesses the qualifications required of his profession. (Ord.
5A-84(b)
(part)
All licensed master plumbers shall be required
to be reexamined
within a maximum time
period of twelve months following the adoption by the city council of a new plumbing code if, in
the opinion of the building official there have been significant changes from the previous code.
The reexamination may be by written examination or oral examination or both, and directed to
determining whether or not the examinee is proficient with the changes reflected in the new
plumbing code. (Ord. 5A-84(b) (part)
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Chapter 15.43DIV DIVISION III.
ELECTRICITY*
* For provisions adopting the electrical code, see
Section
15.24.050 of this code.
Chapter 15.44
Sections:
Section 15.44.010 Applicability.
The provisions of this division shall apply to the
business,
trade or industry known as the
"electrical contracting industry," which term as used in this division means the
business
of
installing, altering, repairing or servicing electrical wiring, fixtures, conductors, fittings, devices,
appliances, equipment, materials, apparatus and the like, within or on public, quasi-public or
private building structure and premises, located within the city, except as provided in this
chapter, and to apply to the persons, whether natural, firm, partnership, association, corporation,
trustee, receiver, agency or otherwise, engaging or engaged in the business or industry, either as
an owner, part owner, manager, lessee, employer, employee, stockholder or otherwise, except as
provided in this chapter, for the purpose of safeguarding the persons and property and promoting
the public health, safety and welfare of the city. (Prior code § 11-1)
Any person owning or controlling electric wires
or apparatus
for the transmission of light, heat
or power, in time of fire or other emergency wherein lives or property may be endangered by the
operation of such wires or apparatus shall, upon request of the mayor, the chief of the fire
department or the building inspector, disconnect such wires as are designated by said officials
during the continuance of such immediate danger. Wiring shall be put in a serviceable condition
in accordance with standard requirements of this title before being reconnected. (Prior code
§
11-2)
If the building inspector condemns all or part of
the electrical
work in or on any building or
structure, the licensee or his agent or attorney may, within five days after receiving notice from
the building inspector, file a petition in writing for review of the action of the building inspector
with the mayor. Upon receipt of such notice, the mayor shall at once proceed to determine
whether the electrical construction complies with this title, and shall, within three days, make a
decision in accordance with his findings. Any person shall have the right to appeal from the
action of the mayor to the city council, either in the matter of granting a license or in the matter
of condemnation of electrical work. (Prior code § 11-3)
This division shall not be construed to relieve
from or lessen
the responsibility of any person
owning, operating or installing any electrical wires, material, appliances or equipment, for
damage to anyone injured by any defect therein, nor shall the city or any agent thereof be held as
assuming any such liability by reason of the inspection authorized in this division, or the label of
inspection or approval issued by the building inspector. (Prior code § 11-4)
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Chapter 15.48
Sections:
Section 15.48.010 Use of name of another
prohibited.
No person holding a business license under this
chapter shall
either directly or indirectly allow
his or their name to be used for the purpose of obtaining an installation permit for any other
person. (Prior code § 11-15)
No person shall engage in the business of
installing electrical
wires, fixtures, signs, sign
boards or similar appliances, illuminated, controlled or operated by electrical current, or
appliances in or on any building or premises within the corporate limits of the city for the
purpose of transmitting or utilizing electrical current for light, heat, power, house annunciators,
burglar alarms, electric bells, electric signal systems or lighting fixtures, or of installing electrical
apparatus of any kind, without first establishing a place of business and procuring an electrical
contractor's license, or an electrical maintenance license in accordance with this chapter;
provided, however, that no part of this section shall apply to those persons or companies
excepted from the provisions of this chapter. (Prior code § 11-21)
No business license required by the provisions
of this chapter
shall be required for:
A. No licenses or
permits shall be
required for the installation, alteration or repair of electric
wiring, appliances or equipment installed by or for a public utility for the use of the utility in the
generation, production, transmission, distribution or metering of electric service, and no licenses
shall be required for employees engaged in such work for the utility;
B. Work involved
in the manufacture,
test or repair of electrical materials, appliances or
equipment, exclusive of any permanent wiring not required for testing purposes;
C. The assembly,
erection and connection
of electric equipment by the manufacturer or
installer thereof, exclusive of any electric wiring not involved in making electrical connections
on the equipment itself or between two or more parts thereof. (Prior code § 11-22)
An electrical maintenance license shall entitle
the holder
thereof to undertake the work of, and
secure permits for, installing, maintaining, altering and repairing electrical wiring, appliances and
equipment; provided, that such work shall be confined to premises owned or occupied by the
holder of the license, the location of which premises shall be described in the license. The work
performed under the license must conform to the standards of this division or the license will be
revoked. (Prior code § 11-23)
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A business engaged in selling, loaning, renting,
servicing
and installing electrical appliances
and fixtures may obtain a license which shall be limited solely to the installation of electrical
appliances and fixtures sold, loaned, rented, serviced or installed by that business. Installations
made under such a license shall meet inspection requirements and a fixture permit must be
obtained for the installation. (Prior code § 11-24)
A. No person shall
engage in installing, altering or repairing electrical wires and apparatus, for any purpose whatsoever, in
the City, without first having procured a license therefor.
B. Any journeyman
electrician coming to this City from another city, who produces credentials showing him to be an
accredited journeyman electrician shall, upon approval of the credentials by the electrical inspector
and/or a member of the electrical examining board, be excused of the examination, but must pay the
required license fee as established by resolution of the City Council as per Title 1 of this code before
going to work.
C. Any licensed
electrical contractor may employ an apprentice electrician to assist a journeyman electrician. No
examination or license fee, but must register with the electrical inspector, and shall work under the
immediate supervision of a journeyman electrician.
D. Journeymen
electricians failing to pass examination may appear for reexamination after the expiration of one month,
upon payment of another examination fee.
E. Before any license
issued by the City can be granted to either an electrical contractor or electrician, the electrical
contractor
or electrican must first obtain and show proof of a valid electrical contractor's license or electrician's
license. (Ord. 5-87 § 1; prior code § 11-25)
(Ord. 08a-2008, Amended, 08/19/2008)
A permit to perform electrical work in or about
his home
may be issued to an owner; provided,
that all work thereunder shall be done with his own hands and is done in an one-family dwelling
which is occupied or to be occupied by no one except his own family. The electrical inspector,
however, shall not issue the permit unless the person who is to perform the work is named in the
permit. (Prior code § 11-26)
Application for a license required by the
provisions of this
chapter shall be made to the city
clerk and approved by the mayor and city council. (Prior code § 11-27)
No person may engage in inside wiring or
perform any electrical
service as electrician until the
person has first established his qualifications and competency to perform the work by
examination taken before the State Board of Examiners. The examinations shall be practical and
elementary in character and sufficiently strict to test the qualifications of the applicant. (Prior
code § 11-28)
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Every applicant for electrical contractor's license
or electrical
maintenance license, before the
license is issued, shall furnish a bond to the city, with surety to be approved by the building
inspector, conditioned that all work performed by or under the direction of the licensee will
comply with the requirements of this chapter; the bonds from an accepted bonding company to
be in the amount as follows:
Electrical
contractor $1,000.00
Electrical
maintenance 1,000.00
(Prior code § 11-29)
Electrical contractor's licenses and electrical
maintenance
licenses shall be issued by the
building inspector, who may withhold his approval of any application if he determines that the
applicant is not qualified to engage in such business, or has failed to establish an approved place
of business. (Prior code § 11-30)
Each license issued under the provisions of this
chapter
shall expire on the last day of
December following the date of its issuance. (Prior code § 11-31)
Each business license issued under this chapter
shall be
displayed in a conspicuous place in
the licensee's place of business. Each electrician's license shall be carried on the licensee's person
at all times while the licensee is engaged in performing electrical work. (Prior code §
11-32)
Electricial licensing fees shall be established by resolution of the City Council, and
provided for in Title 1 of this code.
(Ord. 5-87 § 2) (Ord. No. 10B-94, Amended,
10/04/94)
(Ord.
08a-2008, Amended, 08/19/2008)
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Chapter 15.52
Sections:
Section 15.52.010 Required.
With the exceptions provided in this chapter, no
person shall
undertake to perform any work of
installing any electrical wiring, appliance or equipment, whether permanent or temporary, within
any structure or premises, existing wiring, appliances or equipment without first securing a
permit therefor from the building inspector. (Prior code § 11-44)
The applicant for a permit required by this chapter shall pay fees as established by
resolution of the City Council, and provided for in Title 1 of this code.
(Prior code §
11-45) (Ord. No. 10B-94, Amended, 10/04/94)
(Ord. 08a-2008, Amended, 08/19/2008)
Permits for the installation, alteration and repair
of electrical
wiring, appliances or equipment
shall be issued only to a person holding a current electrical contractor's license, electrical
maintenance license from the city, as a business installing only appliances or fixtures rented,
loaned or sold by it, or to a home owner for doing his own work in his own home. (Prior code
§
11-46)
Upon the completion of the work which has
been authorized
by any permit, it shall be the duty
of the permittee to notify the building inspector, who shall inspect the installation within
twenty-four
hours (exclusive of Saturdays, Sundays and holidays) of the time notice is given, or as soon
thereafter as practicable. (Prior code § 11-47)
Applications for permit to install electric wire and appliances shall be made to the
City by the person installing such wires and appliances. Fees, to be paid in advance, shall be
established by resolution of the City Council, and provided for in Title 1 of this code. If after the
original application for permit and the receipt by the City for payment of the fees in advance are at
variance with the installation authorized by the permit, a correct permit shall be issued upon application
and fees paid accordingly as established by ordinance of the City Council, and provided for in Title 4 of
this code.
(Prior code § 11-48) (Ord. No. 10B-94, Amended, 10/04/94)
(Ord. 08a-2008, Amended, 08/19/2008)
If, upon inspection, any installation is found not to fully conform with the provisions
of this chapter, the building inspector shall at once notify the permittee of the defects which have been
found to exist, allowing a reasonable time for compliance with the requirements, and the permittee shall
pay to the City Engineer a fee as established by resolution of the City Council as per Title 1 of this code
for such reinspection. (Prior code § 11-49)
(Ord. 08a-2008, Amended, 08/19/2008; Ord. 11-2007, Amended,
11/06/2007)
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Any permittee, upon receiving notice from the
building inspector
that his work, or any part
thereof, is defective, shall promptly correct any such defect or defects; and he shall be denied any
further permits until the defects have been corrected. (Prior code § 11-50)
A. All steam
fittings, furnace work,
gas fittings which are to be concealed must be installed
before the electric wiring is completed; and no wiring shall be considered as completed until the
work is in place.
B. When any part
of a wiring installation
is to be hidden from view by the permanent
placement of parts of the building, the permittee shall notify the building inspector; and such
parts or the wiring installation shall not be concealed until they have been inspected and
approved by the building inspector.
C. On large
installation, where the
concealment of parts of the wiring proceeds continuously,
the permittee shall give the building inspector due notice, and inspections shall be made
periodically during the progress of the work. (Prior code § 11-51)
Except as otherwise provided in this chapter, it
is unlawful
for any person or utility company
to make or permit a connection to any electrical installation for which a permit is required, or to
supply current to same, until a connection permit has been issued by the building inspector.
(Prior code § 11-52)
An application for temporary meter must first be
approved
by the building inspector before
being connected by the utility company, and is to be used only for temporary work prior to the
completion of the permanent installation. The permit shall expire sixty days after issuance. (Prior
code § 11-53)
To authorize the connection and use of certain
specific portion
of an incompleted installation,
the building inspector may give preliminary approval thereof, but this will be revoked ninety
days after issuance. (Prior code § 11-54)
Upon inspecting any electrical wiring or work
the building
inspector shall leave a notice in the
form of a label attached to or near the service cabinet. This notice shall clearly state whether the
work is approved or is to be kept open for connection; and no workman shall lathe, ceil or in any
manner conceal any electric wiring until it has been fully approved by the inspector. (Prior code
§ 11-55)
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Chapter 15.56
Sections:
Section 15.56.010 Definitions.
| For the purposes of this chapter, the following words and phrases shall have
the respective meanings ascribed to them: |
| A. | "Blasting Plan" means the plan for conduct of
any blasting operations, and any amendments thereto, which has been approved by the City as
provided in this Ordinance. |
| B. | "Blasting Operations" means the use of
explosives within the City. |
| C. | "Blasting Permit" means a permit issued by the
City in accordance with the provisions of this Ordinance to allow blasting operations within the
City. |
| D. | "Explosives" means any material or container
containing a chemical compound or mixture that is commonly used or intended for the purpose of
producing an explosion and that contains any oxidizing and combustible materials or other ingredients in
such proportions, quantities, or packing that an ignition by fire, by friction, by compound or mixture
may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are
capable of producing destructive effects on contiguous objects, but shall not mean the components for
handloading rifle, pistol and shotgun ammunition, or fireworks. |
| E. | "Seismograph" means a seismograph instrument
capable of the following: measuring three (3) wave components; vertical, longitudinal and
transverse; equipped with a self-triggering device; automatically calculate peak particle velocity; provide
a hard copy of the wave forms. |
| (Ord. No. 1-96, Enacted, 01/02/96) |
| A. | The manufacture, storage and use of explosives within
the City is to be governed by this Chapter. It shall be unlawful to manufacture, store, or use explosives
within the City except in compliance with this chapter. A Blasting Permit issued by the City shall be
required forthe use of any explosives within the City. In order to obtain a permit, the applicant must
have metall of the requirements of this Ordinance and any other applicable local, state or federal law,
ordinance, rule and regulation. A Blasting Permit is personal to the individual to whom it is issued
and shall not be assigned. Any attempt to do any assignment shall void the permit. In order to obtain
a Blasting Permit, the applicant must: |
| | 1. | Possess a current class
B contractors license issued by the City. |
| | 2. | Possess current knowledge of the
local, State and Federal laws and regulations applicable to this work. |
| | 3. | Provide evidence of a minimum of
two years experience in the type of blasting operation to be covered by the permit. |
| | 4. | Provide a current Blaster
Certification issued by the Wyoming Department of Environmental Quality, Land Quality Division.
The City may accept blasting certification by another Federal, State or City agency in lieu of
Wyoming Department of Environmental Quality certification if applicant provides proof of equivalent
training consisting of the following: |
| | a. | Selection of the type of
explosives to be used; |
| | b. | Determination of the properties of
explosives which will produce desired results at an acceptable level of risk; |
| | c. | Handling, transportation, and storage
of explosives. |
| | d. | Geologic and topographic
considerations of blast designs; |
| | e. | Design of a blast hole with critical
dimensions; |
| | f. | Pattern design, field layout, and timing
of blast holes; |
| | g. | Field applications of blast
designs; |
| | h. | Loading blast holes, including
priming and boostering; |
| | i. | Initiation systems and blasting
machines; |
| | j. | Blasting vibrations, airblast and
flyrock, including: monitoring techniques and methods to control adverse affects; |
| | k. | Secondary blasting
applications; |
| | l. | Blast records; |
| | m. | Preblasting surveys, including
availability, coverage, and the use of in-blast designs; |
| | n. | Blast plan requirements; |
| | o. | Signs, warning signals, and site
control; |
| | p. | Unpredictable hazards, including
lighting, stray currents, radio waves, and misfires. |
| | 5. | Provide proof of workers'
compensation insurance. |
| | 6. | Provide proof of general liability and
property damage insurance coverage in an amount not less than one million dollars ($1,000,000.00)
which specifies that the insured will be covered in the use of explosives and which names the City of
Rawlins as an additional named insured, which amount may be adjusted upwards if the City determines
that the fair market value of the real property surrounding the blasting site a distance of 1000 feet
exceeds the insurance limits. |
| B. | Permit fee will be in accordance with the current City
fee schedule for building permits. |
| (Ord. No. 1-96, Enacted, 01/02/96) |
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| A. | The permittee must submit, as part of the blasting
permit application a detailed plan of the proposed Blasting Operations. The blasting plan shall be
prepared by the permittee or a licensed engineer or geologist competent in blasting technology. All
Blasting Operations shall be conducted in strict accordance with the approved Blasting Plan.
Any changes to the planned Blasting Operations must be submitted as an amendment to the
Blasting Plan and be approved by the director of planning prior to conducting any Blasting Operations.
The Plan shall include: |
| | 1. | A map to twenty (20) scale with
north indicated by arrow, depicting the property for which a Blasting Permit is sought; |
| | 2. | The work area relative to any
structures, underground or overhead improvements; |
| | 3. | The location and duration of storage
of any explosive materials to be used in the blast before, during and after each blast; |
| | 4. | The spacing, depth, and diameter of
bore holes; |
| | 5. | The area to be cleared of vehicles
and persons immediately prior to and during any blast; and |
| | 6. | Anything else required by applicable
law, rule or regulation, or which the City determines is necessary to reasonably protect the public,
health, safety and welfare of the residents of the City. |
| B. | A Blasting Plan will not be approved unless it meets
the following minimum specifications; |
| | 1. | The maximum bore hole diameter
shall be two and one-half inches (2-1/2)"); |
| | 2. | The minimum bore hole depth shall
be four feet (4'); |
| | 3. | A seismograph must be used to
monitor vibrations next to the nearest structure when any structure is less than five hundred feet (500')
from a bore hole loaded with explosives. |
| | 4. | The amount of explosives must be a
scaled distance formula of a minimum of: S.W. = D/W 1/2 by the use of a seismograph using a
peak particle velocity of 1.25 inches per second: |
| | a. | S.D. = 50 |
| | b. | D = distance from the blast to the
structure of concern in feet |
| | c. | W = maximum charge weight of
explosives, in pounds, per delay of 8 ms or more or by the use of a seismograph using a peak particle
velocity of 1.25 inches per second. |
| | 5. | All bore holes containing explosives
shall be adequately covered. Absent extenuating circumstances, adequate coverage may be blasting
mats when the distance to the nearest structure is less than or equal to two hundred fifty feet (250'), and
earth cover when the bore hole is more than two hundred fifty feet (250') from the nearest structure.
Flyrock shall not be cast from the blasting site more than half the distance to the nearest
occupied structure or beyond the permit area. |
| | 6. | Airblast shall not exceed the
following specified values at any dwelling or building: |
| | | Lower frequency limit
of |
| | | measuring
system.Hz(+3dB) Maximum level in
dB |
| | | 2Hz or lower-flat
response 133 peak |
| | | 6Hz or lower-flat
response 129 peak |
| (Ord. No. 1-96, Enacted, 01/02/96)(Ord. 11-2007, Amended,
11/06/2007) |
| A. | At least two weeks in advance of any blasting
operation for which a blasting permit has been issued, the permittee shall notify in writing all the
occupants of all property within one thousand feet (1000') of the blasting site by: |
| | 1. | Placing a notice on the
door of all buildings within such area, and |
| | 2. | Publishing a blasting schedule in a
newspaper of general circulation in the locality. |
| B. | The notices shall contain: |
| | 1. | Name, address and
telephone number of the operator; |
| | 2. | Identification of the
specific areas in which blasting will take place; |
| | 3. | Dates and time periods
when explosives are to be detonated; |
| | 4. | Methods to be used to
control access to the blasting area; |
| | 5. | Types of audible
warning to be used before blasting; and |
| | 6. | Manner for requesting a
preblasting survey. |
| C. | The permittee shall certify in writing to the City that
such notice has been provided to the surrounding occupants. |
| D. | On the request of a resident or owner of a man-made
dwelling or structure that is located within one thousand feet (1000') of any part of the area covered
under the permit, the permittee shall conduct a preblasting survey. The request may be made
either directly to the permittee with confirming documents forwarded to the City, or to the City with
confirming documents forwarded to the permittee. The operator shall promptly conduct
a preblasting survey of the dwelling or structure and promptly prepare a written report of the survey.
The operator shall determine the condition of the dwelling(s) and structure(s) and document any
preblasting damage and other physical factors that could reasonably be affected by the
blasting. |
| E. | A written report of the survey shall be prepared and
signed by the person who conducted the survey. The report shall include recommendations of any
special conditions or proposed adjustments to the blasting procedures outlined in this section which
should be incorporated into the blasting plan to prevent damage. Copies of the report shall be
provided to the person requesting the survey and to the City. The person requesting the survey
may submit any written disagreements he has with the results of the survey to the permittee and the
City. |
| F. | Any surveys requested more than three days before
the planned initiation of blasting shall be completed by the operator before the initiation of
blasting. |
| (Ord. No. 1-96, Enacted, 01/02/96) |
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| A. | The City Manager, Fire Chief, Chief of Police, Public
Works Director and City Engineer shall be notified at least forty-eight (48) hours prior to any Blasting
Operations. The Fire Chief shall again be notified thirty (30) minutes prior to any ignition of an
explosive. |
| B. | Two (2) minutes prior to any Blasting Operations, the
permittee will warn of the shot by use of an air horn that is clearly audible within such area. |
| (Ord. No. 1-96, Enacted, 01/02/96) |
| A. | Explosive material shall be transported without undue
delay to the blast site by Department of Transportation approved vehicles. |
| B. | Detonators shall not be transported on the same
vehicle with other explosives unless: |
| | 1. | Kept in closed containers;
and |
| | 2. | Separated from the explosives or
blasting agents by 4-inches of hardwood, laminated partition, or equivalent. The hardwood,
laminated partition, or equivalent shall be fastened to the vehicle or conveyance. |
| C. | Vehicles containing explosive material shall be
maintained in good condition and shall be: |
| | 1. | Equipped with sides and enclosures
higher than the explosive material being transported or have the explosive material secured to a
nonconductive pallet; |
| | 2. | Equipped with cargo space that shall
contain the explosive material (passenger areas shall not be considered cargo space); |
| | 3. | Equipped with at least two
multipurpose dry-chemical fire extinguishers or one such extinguisher and an automatic fire suppression
system; |
| | 4. | Posted with warning signs that
indicate the contents and are visible from each approach; |
| | 5. | Occupied only by persons necessary
for handling the explosive material; |
| D. | Vehicles containing explosives shall have: |
| | 1. | No sparking material exposed in the
cargo space; and |
| | 2. | Only properly secured non-sparking
equipment in the cargo space with the explosives. |
| (Ord. No. 1-96, Enacted, 01/02/96) |
| A. | Explosives may only be handled by the
permittee. |
| B. | No person for which a Blasting Permit is issued shall
smoke tobacco or any other substance within fifty feet (50') of any explosive material or have in his or
her possession any matches, lighters, or other spark-producing materials during Blasting Operations.
No open flames shall be allowed on the property for which a Blasting Permit is issued during Blasting
Operations. |
| C. | Once loading begins, the only activities permitted
within the blast site shall be those activities directly related to the blasting operation. Loading
shall be continuous except where adverse circumstances such as unfavorable atmospheric conditions,
or circumstances beyond the operator's control necessitate an interruption in loading. |
| D. | Prior to firing a blast, the permittee shall make certain
that surplus explosive materials are in a safe place, and that all persons and vehicles are at a safe
distance or under sufficient cover. |
| E. | Vehicles and equipment shall not be driven over
explosive material or initiating systems in a manner which could contact the material or system, or create
other hazards. |
| F. | In electric blasting prior to connecting to the power
source and in nonelectric blasting prior to attaching an initiation device, all persons shall leave the blast
area. When loading is completed and circuits are connected, the blasts shall be fired without
undue delay unless adverse circumstances beyond the operator's control necessitate delay. |
| G. | The permittee shall remove all debris, blasting caps,
and other materials related to the blasting operations from the site prior to leaving the site each
day. |
| (Ord. No. 1-96, Enacted, 01/02/96) |
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| Explosives may not be manufactured anywhere within the jurisdictional limits of the City of
Rawlins or stored anywhere within the City of Rawlins. Provided, however, explosives to be
used in a one day blasting operation may be stored at the location of Blasting Operations in accordance
with the terms of a Blasting Plan. |
| (Ord. No. 1-96, Enacted, 01/02/96) |
| The City, upon discovery of any defect in the work or for the permittee failing
to complete the Blasting Operations or removal of debris for which a Blasting Permit is issued
may: |
| A. | Suspend permit until required corrective action is
taken by the permittee; or |
| B. | The City may make such corrective action it deems
necessary as follows: |
| | 1. | In the event of an emergency, order
a private contractor to do everything necessary to complete such work to acceptable standards,
particularly where hazards exist due to the failure of the permittee to restore or maintain the site in
accordance with the provisions and conditions of his permit. |
| | 2. | In the event of a non-emergency,
give notice to the permittee and his sureties in writing of the nature and location of such defects,
including notice of a reasonable time, not less than ten (10) calendar days, within which such defects are
to be repaired. Such period of time may be extended by the City upon application for good
cause shown. |
| | 3. | In the event of failure of the
permittee to perform the required work within the period provided by such notice, a private contractor
on order of the City shall make such repairs as may be necessary. |
| C. | The City shall recover any and all costs of work
performed by its personnel or by a private contractor, including the cost of labor, equipment, materials
and administrative costs at the expense of the permittee by applying any deposit, bond, letter of credit,
or other security in its possession to payment thereof, and shall recover any remaining unpaid balance of
such costs from the permittee. |
| (Ord. No. 1-96, Enacted, 01/02/96) |
| A. | The City may revoke the permit granted by this
Ordinance if the applicant is found to have violated any of the provisions listed above, or in any of the
following circumstances: |
| | 1. | The permittee violates any of the
provisions of the ordinances of the City governing the activities permitted by the permit; or |
| | 2. | The permittee obtains a permit by
fraud or misrepresentation; or |
| | 3. | Revocation is necessary to maintain
the public health, safety and welfare; or |
| | 4. | The permittee fails to maintain the
required insurance, bond, letter of credit, or other guarantee(s) of performance during the course of the
construction. |
| B. | The City shall advise the permittee in writing of the
grounds for revocation of the permit and the permittee may be allowed to appeal such revocation to the
Construction Board. |
| (Ord. No. 1-96, Enacted, 01/02/96) |
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