[HISTORY: Adopted by the Town of Bedford as indicated in
article histories. Amendments noted where applicable.]
[Adopted 7-20-1987; amended
in its entirety 11-6-2019 by Ord.
No. 2019-06]
No approved lot shall have a building permit issued until all
angles of the boundaries of such lots are marked by boundary markers
of granite, drill holes in granite, or durable ledges. Offset markers
may be used where natural or historical obstructions require or during
road construction. The markers must be certified as set, as specified
on the final plat, by a registered surveyor. All markers must be visible
from one another, or, in cases of obstructions, wood stakes shall
be placed every 50 feet during construction.
The Building Code Official or the Code Official designee may
waive this requirement if, in their opinion, there are no setback
encroachments.
[Adopted 10-10-2007;
amended in its entirety 11-6-2019 by Ord. No. 2019-06]
The purpose of this article is to establish a local Building Department and associated inspection services to provide verification that all construction-related services meet the minimum requirements for building safety as allowed under RSA 675:2, 674:51 and 673:1, V. This article is adopted for the further purpose of promoting the health, safety, prosperity, convenience, or general welfare, as well as to provide efficiency and economy in the process of development of the Town of Bedford. To further these purposes, building permits shall be required for the new construction of buildings and those activities requiring permits as outlined under §§ 92-8 and 275-85.
As authorized and required under RSA 673:1, V, and RSA 674:51,
III(c), the Town of Bedford creates the position of Building Code
Official. The position qualifications shall be established by the
Town of Bedford personnel policy, and final approval of the position
shall be by the Town Manager. The Building Code Official shall report
directly to the Bedford Fire Chief.
The Building Code Official shall establish a written policy governing the operation of the Building Department. This policy will cover all aspects of the operation of the Building Department, including but not limited to application procedures, fee collections and refunds, permit-processing guidelines, documentation requirements and other policies or guidelines as deemed necessary for the efficient operation of the staff. The Town Council shall approve these policies and procedures. Town of Bedford ordinances shall supersede the Department policy. The Town Manager is authorized by the Town Council to approve interim changes to the Department handbook. The handbook shall be reviewed and reapproved by Council at its request or at the same time any modifications are made to Chapter 92.
Where terms are not specifically defined in this article, their
meaning shall be derived from adopted codes. Where the terms are not
defined under any adopted code, their meaning shall be their ordinarily
accepted meanings within the context they are used.
That no more than 180 calendar days have passed without a
recorded inspection. The 180 days shall be based upon the permit issuance
date or the date the last field inspection was performed and approved.
This shall be the individual holding the position of Town
of Bedford Code Inspector.
Permits and applications not having met the requirements
for being actively pursued.
Appeals must be based upon the premise that the Code Official
has incorrectly applied the requirements for the enforced codes and
shall not be based upon how other communities enforce similar codes
or cost constraints. (See complete text of RSA 674:34 for details.)
A.
Building Code Board of Appeals. As outlined in RSA 673:1, the Bedford
Zoning Board of Adjustment shall act as the Building Code Board of
Appeals until such time as the legislative body creates a separate
and distinctive Building Code Board of Appeals. The Building Code
Board of Appeals' authority is governed by RSA 674:34.
B.
If an owner or builder feels aggrieved by a decision of the Building
Code Official, he or she must appeal such decision to the Bedford
Building Code Board of Appeals. Thereafter, any person aggrieved by
the decision of the Board of Appeals may appeal to the Superior Court
of Hillsborough County.
A.
Authority. Permits are required as authorized under RSA 676:11 to 676:13 and § 275-85. Property owners or their agents are required to secure the appropriate permits prior to the start of work.
B.
Types of permits required but not limited to:
(2)
After-the-fact building permits are required for work described in § 92-8D and shall be subject to all permit fees, fee penalties, and inspections contained in this article.
(3)
Electrical permits are required for work as defined in RSA 319-C:2,
III. A New Hampshire licensed electrician as outlined in RSA 319-C
must perform all electrical installations unless excepted as noted
in RSA 319:C3 and property owners performing electrical installations
within their existing primary dwelling. An electrical permit will
only be issued to the license holders themselves unless otherwise
approved by the Building Department corporate license approval process.
(4)
Demolition permits are required when an entire structure is being
razed. Such permits must comply with the Department of Environmental
Services rules pertaining to hazardous materials evaluation and remediation.
Demolition required as part of a remodel project will not be required
to secure a separate demolition permit. All demolition shall be subject
to Department of Environmental Service and Department of Health and
Human Services rules pertaining to hazardous materials evaluation
and remediation.
(5)
Plumbing permits are required for work as defined in RSA 153:27 XIV.
A New Hampshire licensed plumber must perform all plumbing installations
unless as excepted in RSA 153:36. The Town of Bedford limits the scope
of work which can be done by homeowners to minor installations (those
that entail relocating or replacing existing plumbing fixtures) within
their primary dwelling (where the individual currently resides) only.
A plumbing permit will only be issued to the license holders themselves
unless otherwise approved by the Building Department corporate license
approval process.
(6)
Mechanical and gas permits are required for activities as outlined in the adopted Mechanical and Fuel Gas Codes referenced in § 92-9A(1). (This section also includes permits for fuel piping and appliance installation.) Gas piping and fuel appliance installation permits will only be issued to the license holders themselves, except where licensure is not required for owners of single-family dwellings as noted in RSA 153:36, I or approved by the Building Department corporate license approval process.
(7)
Septic system permits are required for the installation and repair
of septic systems.
C.
Additional permits. Should additional permits be required as a result
of code requirement changes, in response to unforeseen project types
being experienced by the Town or other unforeseen circumstances, the
Town Manager is authorized to approve their implementation along with
the appropriate fees. These additional permits shall be noted in the
Department handbook, along with the appropriate fee schedule. The
Town Council must ratify additional permits and fees within one year
of their implementation, or they shall sunset.
D.
Unauthorized work.
(1)
Upon discovery and verification that work has been performed without
prior approval, the current property owner shall be required to secure
appropriate permits from the Building Department and be subject to
all requirements associated with the building permit process, including
permit applications, plan reviews, fees, penalties and inspections.
EXCEPTION:
If, after a visual inspection by the Code Official, or his designee, and there is no readily apparent imminent danger to the occupants, the requirements of § 92-8D(1) may be waived; providing the Bedford Assessing Department is made aware of the modifications and a memo from the Building Department is included in the property file indicating said work was not approved nor inspected by the Building Department. Should validation documents be requested by any party, then the requirements of § 92-8D(1) shall be enforced.
(2)
Where unauthorized work results in a violation of an existing septic
design, creates additional room(s) designated as sleeping rooms, or
Bedford Zoning/Planning regulations, the owner of record at the time
of discovery shall be required to remedy the violations by securing
appropriate applicable permits/approvals along with required inspections
and be subject to all of the requirements needed to remedy the violations.
E.
Issuance of building permits.
(1)
The Building Code Official, or his designee, shall not issue building
permits under the following conditions: (Note: Statute requires permits
to be withheld in certain cases. See full text of RSA 676:12.)
(a)
If issuance of the permit would constitute a violation of an
existing zoning ordinance or would result in violation of an approved
site plan.
(b)
If issuance of the permit would constitute a violation of a
proposed zoning ordinance change once they have been duly noticed
under the conditions as outlined in RSA 675:7.
(c)
If issuance of a building permit is in direct conflict with
the provisions of RSA 674:41, Erection of Buildings on Streets; Appeals.
(d)
If the requirements of § 275-85C(1) and (2) have not been met.
F.
Fees.[1] The Building Code Official shall review and submit to
the Town Council, at its request, a report evaluating the Bedford
permit fee schedule. This evaluation shall be a comparison of fees
charged in surrounding communities of similar size and activity. The
report shall also examine the needs of the Building Department and
evaluate the cost of operating the Department as it relates to permit
fees. Interim additional fees or existing fee modifications may be
approved by the Town Manager, provided they are ratified by the Town
Council within one year of initial imposition.
(1)
Fees shall be waived for Town of Bedford and for Bedford School District
projects. All other fee waivers may only be granted by the Town Council.
(2)
Refunds. Refunds will be issued for inactive permits upon receipt
of a formal request from the permit fee payee. The refunds will be
reduced at the rate of 16.6% per month (based upon issue date) for
every month the permit has been issued, minus administrative costs.
(3)
Credits. Where issued permits expire, for not being actively pursued,
and are required to reapply[2] for a new permit, a credit in the amount of 75% of the
original fees for the project shall be applied to the new permit costs,
providing there was no work ever inspected for the project.
[2]
See Department handbook for permit renewal requirements.
(4)
Town Council-approved fee increases shall be effective on the next
business day after Council adoption unless otherwise noted by the
Council at the time of adoption. Complete permit applications submitted
to the Building Department by the close of business on the day prior
to the effective date of the revised fees shall be assessed at the
rates in effect at the time of submission.
[1]
Editor's Note: The fee schedule is on file in the offices
and website of the Bedford Building Department.
A.
The Town of Bedford as authorized under RSA 674:51-a and 674:51 I
— V shall enforce, adopt and amend the following codes to be
used as the minimum requirements for construction in the Town of Bedford
to provide for the general welfare and safety:
(1)
Providing for the issuance of permits, collection of fees, and performing
inspections the Town votes to enforce the current edition of the construction
codes referenced in RSA 155-A, as published by their respective promulgation
agencies or as amended by the State Building Code Review Board, and
additional construction/maintenance codes referenced in this chapter;
for the purpose of regulating and controlling the design, construction,
quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, and use of all structures
with the following amendments:
(a)
Amend the IBC section outlining architect/engineer responsibilities
during construction by adding the following responsibilities: When
the laws of the State of New Hampshire require that construction documents
be prepared by registered architects or engineers or when in the opinion
of the department plan reviewer the plans do not meet or clearly outline
how they meet the prescriptive requirements of the code, then New
Hampshire registered design professionals shall prepare plans, computations
and specifications for the project. The registered design professionals
who have been retained to perform construction phase services shall
perform the following tasks for the portion of the work for which
they are directly responsible:
[1]
Review, for conformance to the design concept, shop drawings,
samples and other submittals, which are submitted by the contractor
in accordance with the requirements of the construction documents.
[2]
Provide a detailed code compliance analysis narrative which
shall include, but not be limited to, means of egress travel distances,
height and area compliance calculations, egress capacity calculations,
occupancy classification, accessibility compliance and similar items.
This narrative shall include specific code editions and section references
used in performing the analysis.
[3]
Review and approval of the quality control procedures for all
code-required controlled materials, structural tests and special inspections
and provide that information to the Building Department.
[4]
Be present at intervals appropriate to the stage of construction
to become generally familiar with the progress and quality of the
work and to determine, in general, if the work is being performed
in a manner consistent with the construction documents and accepted
engineering practice standards.
[5]
The design professional shall submit to the Building Department
documentation verifying compliance with the above requirements at
regular intervals, which shall be noted at the time of permit issuance.
[6]
The tasks listed in this section are in addition to requirements
for structural observation or other duties specified in Section 1704,
Section 1709 or elsewhere in the adopted International Building Code.
[7]
Upon completion of the project and prior to the issuance of
a certificate of occupancy the design professional(s) of record shall
provide statements verifying the project has been completed in compliance
with plans submitted to the Building Department.
(b)
Add a new section regarding architect/engineer qualifications.
When the requirements of codes dictate there shall be design professionals
preparing plans, those professionals shall have their license based
upon the discipline required for the plans being prepared. Any design
professional wishing to stamp plans for a discipline other than the
one his or her license is based upon may be required to submit additional
documentation validating his or her competency in the additional area
of design.
(c)
Projects controlled by the International Building Code shall
comply with the Architectural Barrier-Free Design Code for New Hampshire
(ABFDC-NH) and the Americans With Disability Act Accessibility Guidelines
(ADAAG), as adopted by the ABFDC-NH, where required by state law and
by code section. The design professional of record shall be required
to verify compliance.
(d)
Add section governing maximum hot-water temperature. Hot-water
temperatures supplying fixtures for domestic or personal hygiene use
shall be limited to a maximum of 130° F. (55° C.). A tempering
device conforming to ASSE 1017 shall be installed to control water
temperature. This provision shall not supersede the requirements for
protective shower valves as noted in the code or the hot water temperature
limitations required for nonresidential occupancies.
(e)
Energy code compliance verification shall be through the submission
of the printouts from the current version of COMcheck software for
projects governed by the IBC and IEBC and through REScheck software
or NH BCRB-approved energy compliance packages for projects controlled
by the IRC.
(f)
Insert the following values for climatic and geographic design
criteria:
[1]
Wind speed: 90 mph; ground snow load: 70 pounds per square foot;
weathering: severe; frost line depth: 48 inches; termite probability:
slight to moderate; winter design temperature: 0°; flood hazard:
Flood Insurance Rate Maps; seismic design class: C.
(g)
In structures governed by the International Residential Building
Code (IRC) modify the prescriptive dwelling and habitable space/garage
fire separations specifications by substituting five-eighths-inch
Type X gypsum board for all references to one-half-inch gypsum board.
(h)
Adopt the appendixes for each of the codes referenced in RSA 155-A and any additional codes referenced within § 92-9. Where any appendix conflicts with any local ordinance or other state code, the more stringent requirement shall take precedence unless state statute or local ordinance prohibits the use of the specific requirements.
(i)
Providing for the establishment of the minimum regulations governing
the conditions and maintenance of all property, buildings and structures;
by providing the standards for supplied utilities and facilities and
other physical things and conditions essential to ensure that structures
are safe, sanitary and fit for occupation and use; and the condemnation
of buildings and structures unfit for human occupancy and use and
the demolition of such structures; by adopting the current edition
of the International Property Maintenance Code. This Property Maintenance
Code shall not apply to those single residential dwelling units that
are owner-occupied.
(j)
Adopt the current edition of the International Swimming Pool
and Spa Code to govern the design, construction and operation of public
and private aquatic vessels.
(k)
Adopt the current edition of the International Green Construction
Code as a supplemental construction code to be applicable on a voluntary
basis.
(l)
Where geotechnical data is not provided, concrete footings supporting
poured concrete or masonry block walls shall contain a minimum of
two continuous, equally spaced rows of No. 4 rebar. The rebar shall
be supported or suspended in the center third of footing depth. Support
shall be accomplished by the use of ACI standard "chairs" or by the
use of tie wires.
(m)
Where new residential structures are being supported on concrete
piers, each pier shall have a minimum bearing area equivalent to that
of a twenty-four-inch-diameter circle.
[1]
Exception: The bearing area requirement may be reduced where
calculations are provided to verify reductions in bearing areas.
(n)
All HVAC ducts, and other optional systems, installed in concealed
locations within stud or joist bays where located less than 1 1/4
inches from the nearest edge of framing members shall be protected
by a steel shield plate 0.0575 inch thickness (No. 16 gauge) that
shall cover the area subject to physical damage. The shields shall
extend a minimum of two inches above sole plates and two inches below
top plates.
(o)
Where system components are installed within framing cavities
in a wall or floor that is part of the thermal envelope, a minimum
of R-13 rigid insulation shall be installed between the system component
and the unconditioned side of the cavity.
(p)
Where required rated floor/wall/ceiling assemblies are penetrated,
the systems installed to restore the continuity for these assemblies
shall be inspected by independent third-party-inspection individuals
that have been prequalified by the Building Department prior to issuance
of the building permit. This prequalification shall also apply to
individuals performing independent inspection of joints where these
assemblies converge or terminate if required. Such testing shall be
by the destructive method.
(q)
Residential accessory structures having habitable spaces above
motor vehicle storage areas shall have the area above and the supporting
structure protected by five-eighths-inch Type X drywall.
B.
The enforcement of the above-referenced State of New Hampshire adopted
codes (with state and local amendments) and the International Property
Maintenance Code does not preempt the enforcement of the regulations
adopted by the State of New Hampshire regulatory agencies responsible
for those professions requiring licensing under state law, nor does
it preempt the enforcement of current regulations recognized by the
New Hampshire Fire Marshal's office. In those situations where
code requirements are different, the Town of Bedford reserves the
right to enforce those requirements that are more stringent.
C.
Town enforcement of updated code editions shall be the effective date of adoption by the state. The conditions outlined in Subsection D shall govern those permits to be controlled by the updated codes. The Building Department shall post notices as determined by the Town Council to warn of impending code changes warranted by this section.
D.
Code changes will become effective for those complete permit applications received on the day of the effective date referenced in Subsection C. Approved permits issued prior to the effective date that have expired due to not having been actively pursued within 180 days of issuance of the permit shall be subject to the change in the codes.
A.
No person shall use or permit the use for any purpose of any building,
structure, or premises or part thereof hereafter erected, relocated,
altered, repaired, converted or extended until a certificate of occupancy
or a building final is issued by the Building Code Official or his
designee.
B.
No certificate of occupancy or building final shall be issued for
projects which are not in compliance with approved site plans, the
Town of Bedford zoning and subdivision regulations, local and state
building codes, and local and state fire codes.
Appeals for this fine shall be brought to the Local Building
Code Board of Appeals.
