Town of Wilton, NH

Building Code Ordinance

III.0 Building Code and Permits

A. Building Code

Pursuant to RSA 155-A, New Hampshire has adopted uniform requirements for the design, construction, demolition, relocation, remodeling, alteration, reconstruction, use, occupancy and maintenance of new and existing structures and activities related thereto (together with all amendments thereto from time to time, the “NH State Code”), based in large part on the requirements of specified International Code Council (ICC) editions.

The Town of Wilton, acting through its Building Inspector, appointed as set forth in Section A of Article VIII of this Ordinance and in accordance with RSA 674:51, enforces the NH State Code, including, without limitation, the following ICC and other Codes, versions of which are adopted from time to time by the State, with NH amendments, as part of the NH State Code, and other requirements incorporated by reference in the NH State Code:

  1. The International Building Code (IBC)
  2. International Existing Building Code (IEBC)
  3. International Residential Code (IRC)
  4. International Energy Conservation Code (IECC)
  5. International Mechanical Code (IMC)
  6. International Plumbing Code (IPC)
  7. Property Management Code
  8. National Electrical Code (NEC)
  9. NFPA 1 Fire code as amended by Saf-C-6000 2015
  10. NFPA 101 Life Safety Code as amended by Saf-C-6000 2015
  11. International Swimming Pool and Spa Code (ISPSC)
  12. International Fuel Gas Code (IFGC)

The design, construction, demolition, relocation, remodeling, alteration, reconstruction, use, occupancy and maintenance of all structures in the Town of Wilton, and activities relating thereto, shall comply with all the requirements of this Ordinance, the Zoning Ordinance, including, without limitation, all site plan review and other requirements, all other Land Use Laws, the NH State Code and all Applicable Laws.

B. Building Permits

No work to demolish, erect, construct, reconstruct, alter, remodel, relocate or repair any structure, including, but not limited to the following, or any portion or system thereof, may begin until the Building Inspector issues a building permit:

  1. Dwelling units of any type (conventional construction, modular, manufactured homes or trailers), unless the reconstruction does not involve alteration of structural members, plumbing or electrical systems;
  2. Commercial, industrial, agricultural or public buildings;
  3. Any structure, not a dwelling unit, that exceeds 100 square feet in area including, but not limited to, garages, barns, sheds, carports, tents, porches, decks, animal shelters and storage units, whether temporary (in place less than 30 days) or permanent, fixed or movable;
  4. An addition of any size to any structure of any type (conventional construction, modular, manufactured homes, trailers);
  5. Any type of swimming pool or man-made pond;
  6. Fencing. over six feet in height;
  7. Outdoor sports courts or fields;
  8. Parking lots or private roads; and
  9. Septic and other sanitation systems approved by the State.

In addition, the Land Use Laws may require a building permit before other development or activity may begin. Certain activity described in this Ordinance will also require additional permits, including, without limitation, chimney, fireplace, furnace and oil tank permits issued by the Wilton Fire Chief.

Notwithstanding the above, no building permit is required for activity in connection with any structure owned by the State.

Emergency repairs may be permitted by an after-the-fact building permit. Applications for emergency after-the-fact permits shall be submitted to the Building Inspector by the next business day following the emergency.

C. Design Criteria

Structural design shall be based on the following climatic and geographic criteria:

D. Applications for Permits

The owner (or his, her or its authorized agent) of a property on which activity subject to this Ordinance is proposed to take place shall first file a written application for a building permit on the form from time to time adopted by the Building Inspector.

All applications for building permits shall be accompanied by construction documents showing in sufficient clarity and detail the location, nature and extent of the work proposed and that it will comply with this Ordinance, the Land Use Laws, the NH State Code and all Applicable Laws, as determined by the Building Inspector. The application shall include approval of the construction of any proposed individual sewage disposal system by the New Hampshire Department of Environmental Services, Subsurface Bureau. If site plan review was required by the Zoning Ordinance, a copy of the site plan,approved by the Planning Board, shall also accompany the application. When required by the Building Inspector, the applicant shall also include a list of required third-party inspections and the agencies performing them.

The Building Inspector is authorized to collect for the Town the permit and associated fees set forth in the Fee Schedule in Appendix VII, as it may be updated from time to time. In addition, applicable impact fees shall be imposed as set forth in Chapter 25 of the Zoning Ordinance in the assessed amounts appearing in Appendix VIII. The applicant shall be responsible for any additional expense incurred, including fees and penalties in connection with any deviation from the plans based on which a building permit was issued.

Within one business day following receipt of a complete application for a permit to increase the footprint or square footage of a structure, construct a new structure or conduct work that is not otherwise wholly inside an existing structure, the Building Inspector shall give public notice of the application both electronically on the Town website and by posting hard copy at the Town Hall and at least one other public location. The public shall have a period of seven days following publication to give any comments or objections to the Building Inspector, who may request further information from the applicant in response thereto.

E. Issuance of Building Permits

The Building Inspector shall issue or deny a building permit for work in connection with (a) a residence, within twenty (20) days, and (b) any other use, within 60 days, in each case after receipt of a complete application, as determined by the Building Inspector, provided that the proposed structure(s) and use(s) for which any permit is issued shall comply with this Ordinance, the Land Use Laws, the NH State Code, and Applicable Laws. The Building Inspector shall process applications in the order they are received.

The Building Inspector shall maintain a record of all applications and any conditions upon which they are granted. Where the Building Inspector denies an application for a permit, the specific reasons for the denial shall be delivered in writing to the applicant.

All building permits shall expire 180 days after the date of issue if work has not begun and continues thereafter, as contemplated by the NH State Code. Expired permits may be renewed in the discretion of the Building Inspector upon submission of a new application and payment of the applicable renewal fee (see Appendix VII). The Building Inspector may suspend or revoke a permit if issued in error, or on the basis of incorrect, inaccurate or incomplete information, or if it violates this Ordinance, the Land Use Laws, the NH State Code or Applicable Law, as determined by the Building Inspector.

No building permit for a new dwelling that contains less than five hundred (500) square feet of living space shall be issued.

The work authorized by a building permit shall adhere strictly to the plans submitted as part of the permit application. Any changes to be made during construction, or other work that will deviate from the approved documents shall first be submitted for approval in an amended set of construction documents.

F. Additional Requirements for General Commercial Building Permits

In addition to the requirements set forth in Section D above, the following shall be required to complete applications for building permits for commercial structures, which, for purposes of this Ordinance, includes structures for agricultural or industrial use:

  1. Two (2) complete sets of drawings stamped by State-licensed design professionals, drawn to a standard architectural scale; at least one set of full-size plans, and submission electronically as well as hard copy;
  2. As applicable, identification of:
    1. Use and occupancy classifications;
    2. Specific areas of use in mixed use buildings;
    3. Type of construction, per the IBC;
    4. Occupant load;
    5. Level of hazard;
    6. Any special uses, per Chapter 4 of the IBC;
    7. Type of renovation, per the IEBC, for existing buildings; and
    8. Structural, architectural. plumbing, mechanical, and electrical plans, with permits from each subcontractor; and
  3. Fire Department approval of proposed fire alarms, sprinkler systems, and/or other approvals as required by the Fire Chief.