§ 10.2

Building Permits and Certificates of Occupancy

10.2 BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY

Building Permits Required
No building or other structure shall be erected, moved, added to, altered or structurally altered, nor shall any excavation or filling commence without a permit issued by the Building Official. No Building Permit shall be issued except in conformity with the provisions of this Ordinance, unless the Building Official receives a written order from the Board in the form of an Administrative Appeal, Special Use Permit or Variance as provided by this Ordinance.
Application for Building Permit
All Applications for Building Permits shall be submitted on such forms and accompanied by such plans and supporting documentation as may be from time to time required by the Town. The Application shall include such other information as lawfully may be required by the Building Official, including existing or proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the buildings designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Ordinance.
Retention of Plans
One (1) copy of the plans shall be returned to the applicant by the Building Official after he shall have marked such copy either as approved or disapproved and attested to the same by his signature on such copy. The original, similarly marked, shall be retained by the Building Official as a Town record.
Relation To Other Codes, Regulations and Ordinances
The issuance of a Building Permit shall, in no way, relieve the applicant of the responsibilities of obtaining such permits or approvals as may be required under the provisions of other codes, regulations and ordinances, whether Federal, State or Town, relating to the use, erection, alteration or modification of a building or structure or to the use of subdivision of land.
Soil Erosion and Sediment Control
No Building Permit may be issued until such time as the applicant has complied with all applicable provisions of the Smithfield Soil Erosion and Sediment Control 169 Town of Smithfield Article 10 – Administration, Enforcement and Relief Zoning Ordinance Ordinance, has posted all necessary performance bonds and is otherwise in compliance with all other applicable Town and State requirements.
Certificate of Occupancy
A Certificate of Occupancy as required by the Rhode Island Building Code shall be required for any of the following:
1. Occupancy and use of a building hereafter erected or enlarged;
2. Change in use of an existing building to a different use;
3. Intensification of an existing use of either a building or land;
4. Occupancy and use of vacant land except for the raising of crops;
5. Change in the use of land to different use except for the raising of crops; or
6. Any change in use of a nonconforming use.
The occupancy, use or change of use shall not take place until a Certificate of Occupancy has been issued by the Building Official in accordance with the requirements for the issuance of a Certificate of Occupancy as stated in the Rhode Island Building Code.
Expiration of Building Permit
If the work described in any Building Permit has not begun within six (6) months from the date of issuance thereof, said Permit shall expire, it shall be canceled by the Building Official and written notice thereof shall be given to the persons affected.
Construction and Use To Be As Provided in Applications, Plans and Permits
Building Permits issued on the basis of plans and Applications approved by the Building Official authorize only the use, arrangement, and construction set forth in such approved plans and Applications, and no other use, arrangement, or construction. A use, arrangement, or construction that differs with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by §10.6 hereof.

10.3 MODIFICATIONS GRANTED BY THE OFFICIAL