Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 15 Effective Date: September 01, 2013 Supp. No. 2 Article 11.4. Enforcement Provisions | CHAPTER 11. ​BUILDING AND HOUSING CODE Sec. 11.4.7. Issuance of Permit Except in the case of accessory uses to dwellings with a cost of less than $5,000.00, prior to the use or occupancy of a structure, a registered land surveyor shall certify to the nearest 1/10 of 1 foot in mean sea level datum the elevations of the lowest floor; or 4. For nonresidential structures only, a registered professional engineer or architect certifies on the building plans that the portions of any structure below the regulatory flood protection elevation comply with alternate wet floodproofing methods that are acceptable to FEMA as variances to the essentially dry floodproofing measures required in subsection B.2. above provided said alternate methods comply with the standards set forth in the FEMATechnical Standards Bulletin 85-1, and that such measures are adequate to withstand the flood depths pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood at the location of the structures and that the attendant utility and sanitary facilities are floodproofed and that the requirements for the issuance of the variance comply with the provisions of §44 CFR 60.6 of the FEMA National Flood Insurance Program and related regulations. C. The provisions of subsections A. and B. above shall be inapplicable to the following: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. 2. Any reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State inventory of historic places or certified by the secretary of the interior as contributing to the historical significance of a registered historic district; provided that, the alteration will not preclude the structure's continued designation as an historic structure. D. No permit authorized in this chapter shall be issued for new construction or substantial improvements located in floodprone areas, delineated as provided in Article 9.3. Floodprone Area Regulations , unless all utility, water and sanitary facilities, mechanical, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service systems are designed, located or both to prevent water from entering or accumulating within the components during conditions of flooding. 1. All backflow preventers or devices must be installed on potable water service lines at all building entry locations to protect the system from backflow or back siphonage of floodwaters or other contaminants; such devices shall be installed within floodproofed structures or at an elevation 1 foot above the regulatory flood protection elevation; 2. All sanitary sewer systems that have openings below the regulatory flood protection elevation shall be equipped with automatic backwater valves or other automatic backflow devices which are installed in each discharge line passing through a building exterior wall. Devices shall be installed at locations accessible for maintenance; and 3. All sewer system vents, and nonwatertight manholes, shall be constructed to a height at least 1 foot above the regulatory flood protection elevation; provided nothing herein shall prevent the construction of watertight manholes below the regulatory flood protection elevation. Sec. 11.4.7. Issuance of Permit When proper application for a permit has been made, and the Department of Inspections has determined that the application and the proposed work comply with the provisions of the code, the appropriate regulatory and technical codes adopted herein, and the laws of the State of North Carolina, it shall issue such permit, upon receipt of the proper fees. Sec. 11.4.8. Permit Fees A. Working Without a Permit 1. Any person who performs work without a permit when a permit is required shall be subject to an administrative fee equal to the amount of the fee specified for the work. This administrative fee shall be paid in addition to the fee specified for the work. The administrative fee shall not be construed as a penalty, but as a charge for additional administrative expense. 2. If a person performs work without a permit twice in a 12 -month period, then for the second violation, that person shall pay both the administrative fee specified in Sec. 11.4.8.A.1. above and a civil penalty in the amount of $100.00 per trade. 3. If a person performs work without a permit 3 or more times in a 12-month period, then for the third and for each subsequent violation, that person shall pay both the administrative fee specified in Sec. 11.4.8.A.1. above and a civil penalty in the amount of $500.00 per trade.

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