2019 US Virgin Islands Code
Title 29 - Public Planning and Development
Chapter 5 - Building Code
Subchapter II - Permits, Appeals, and Fees
§ 294. Permits
(a) Permits, requirements for exceptions.
(1) After May 1, 1964, a permit issued by the Commissioner shall be required for the construction, reconstruction, structural alteration, enlargement, moving, conversion, or demolition of any building or structure, or appurtenances connected or attached to such buildings or structures.
(2) Special building permits for a limited time must be obtained before the erection of temporary structures, including but not limited to, reviewing stands and booths. Such structures shall be completely removed upon the expiration of the period of time stated in the permit.
(3) A permit issued by the Commissioner shall be required for the placing, erecting, construction, or affixing of any sign to any post, fence, building, or structure for out-of-doors advertising. No sign shall extend a distance of more than 15 inches beyond the street line. Any such sign shall be at least 8 feet in the clear above the level of the sidewalks. If, in the opinion of the Commissioner, any sign or sign structure becomes insecure, or otherwise unsafe, the owner thereof or the person maintaining such structure shall secure it to the satisfaction of the Commissioner after service of written notice by the Commissioner.
(4) No building hereafter constructed, structurally altered, reconstructed, or enlarged in whole or part, shall be occupied or used until the Commissioner has made a final inspection thereof upon completion and has issued a Certificate of Use, stating the purpose for which the building or parts thereof may be used.
(5) No permit shall be required for nonstructural alterations, such as renewal of carpentry or blacksmith work, plastering, replacement of windows, doors, siding, roof covering material, or floor covering material (of approximately equal weight to that being replaced); or for the erection, removal, or change of position of nonload bearing interior partitions in residential buildings provided that one or more additional dwellings are not made available by so doing and provided that the ventilation of the rooms is not adversely affected.
(6) Any building, structure, or sign set up, erected, constructed, reconstructed, structurally altered, enlarged, moved, or converted contrary to the provisions of this subchapter is unlawful and a public nuisance.
(b) Issuance of permits. After May 1, 1964, the issuance of permits shall be governed by the following provisions:
(1) No building permit shall be issued for the construction, reconstruction, enlargement, alteration, moving, or conversion of any building in whole or in part unless the building or structure conforms with the provisions of this chapter except that those applications already submitted prior to May 1, 1964, shall be processed as being subject to the previous code.
(2) No building permit shall be issued for the construction, reconstruction, enlargement, alteration, moving, or conversion of any building in whole or in part unless the electric wiring for the transmission of electric power or for lighting conforms in design and materials to the regulations for Electrical Wiring and Apparatus of the National Board of Fire Underwriters determined to be applicable under the rules and regulations referred to in section 312(b) of this title.
(3) No building permit shall be issued for the construction, reconstruction, enlargement, alteration, moving, or conversion of any building in whole or in part unless: (i) the plumbing system proposed conforms in design and materials to the Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and pertinent rules and regulations issued by the Commissioner of Health and contained in sections 1404–80 to 1404–94 and sections 1522–1 to 1522–122 of Title 19 of the Virgin Islands Rules and Regulations, (ii) the pool, spa, and or Hot Tub, proposed conforms in design and materials to the most current edition of the Uniform Swimming Pool, Spa, and Hot Tub Code published by the International Association of Plumbing and Mechanical Officials; and (iii) the solar energy and hydronic heating/cooling systems proposed conforms in design and materials to the most current edition of the Uniform Solar Energy published by the International Association of Plumbing and Mechanical Officials.
(4) No building permit shall be issued for the construction, reconstruction, enlargement, alteration, moving or conversion of any building in whole or in part unless the permit application demonstrates sufficiently that the proposed building site will be reasonably safe from flooding. If a proposed building site is in an area or location known to be subject to the hazard of flooding, no permit shall issue unless the permit application and accompanying plans and specifications show that any proposed new construction or substantial improvement, including prefabricated and mobile homes, will be designed, or modified in such a way that it will be sufficiently anchored to prevent flotation, collapse or lateral movement, and that the construction materials and utility equipment are all resistant to flood damage, and that the methods of construction will minimize flood damage.
(5) The issuance of a permit or the approval of plans and specifications shall not be a permit for, or an approval of, any violations of this chapter or any applicable portion of the Virgin Islands Code or of the Virgin Islands Rules and Regulations. No permit presuming to give authority to violate the provisions of the Virgin Islands Code or applicable Virgin Islands Rules and Regulations shall be valid, except in so far as the work or use which it authorizes is lawful.
(6) The issuance of a permit shall not prevent the Commissioner from thereafter requiring the correction of errors in plans and specifications or from preventing the building operations being carried on thereunder when in violation of this chapter or other laws.
(7) The requirements of the Virgin Islands Zoning and Subdivision Law, sections 221–242 of this title, the Sanitation Code, chapter 53 of Title 19, Virgin Islands Code, and chapters 5 and 7 of Title 6, Virgin Islands Code, and the rules and regulations provided for therein shall be conformed to.
- If the Commissioner finds that the undertaking covered in an application submitted under subsection (d) of this section complies in every respect with this chapter and with the applicable rules and regulations referred to in section 312(b) of this title and section 1401 of Title 19, and has been approved by the Director of the Virgin Islands Fire Service where required under Title 23, section 603a, and all other provisions of this Code or other law, he shall, within thirty (30) days after receipt of the application, issue a permit therefor; otherwise he shall notify the applicant that his application for a permit requires revision or has been rejected.
- Every permit issued by the Commissioner shall expire by limitation and become null and void if the building or the work is not commenced 120 days from the date of the issuance, or if the building or work is suspended or abandoned at any time after the work is commenced for a period of 360 days. An extension of time may be granted by the Commissioner.
- Before such work can be recommenced after the expiration of a permit, a new permit shall be first obtained and the fee charged therefor shall be one-half the amount required for a new permit, provided no changes have been made or will be made in the original plans and specifications for such work and provided further that such suspension or abandonment has not exceeded 360 days. When a building permit is issued, both sets of plans and specifications shall be stamped “Approved” and signed by the Commissioner. Such approved plans and specifications shall not be changed, modified, or altered without the permission of the Commissioner, and all work shall be done in accordance with the approved plans. One set of the approved plans, specifications, and other data shall be returned to the applicant upon payment of the balance of the permit fee. The applicant's approved set shall be readily available to inspectors at the site of the work and the permit shall be prominently displayed there. If through no fault of the owner, he finds it impossible to comply with the provisions of subsection (a) of this section and this subsection, the Commissioner, in his discretion, may waive any applicable requirement upon application of the owner.
(c) Issuance of permits for use and occupancy. Upon completion of the work for which a building permit has been issued, and upon certification to the Commissioner that after inspection, the work performed under the permit conforms to the requirements of this chapter and other applicable laws, the Commissioner shall issue a Certificate of Use and Occupancy.
(1) No permit of Certificate of Use and Occupancy shall be issued for any building that is hereafter constructed, reconstructed, enlarged, altered, or moved, in whole or in part, unless the building conforms to the provisions of this chapter with respect to the proposed use.
(2) Temporary Certificates may be issued for portions of buildings considered habitable and safe.
(3) No change of use or occupancy shall be made in a building unless such building conforms to the provisions of this chapter with respect to the proposed new use. If the use of only a portion of the building is changed and that portion is separated from the rest, then only such portion need be made to conform to the provisions of this chapter for the new use.
(d) Application for permits. Applications shall be made by completing and submitting two copies each of application forms as furnished by the Department of Planning and Natural Resources. These forms shall require, and the applicant shall furnish thereon and therewith the following:
(1) A general statement of the proposed work;
(2) Location of the proposed work by plot number, estate, and quarter or house number, street, and quarter;
(3) Use and occupancy of the proposed structure;
(4) Names and mailing addresses of owner of structure, owner of plot, and applicant;
(5) Names and addresses of all engineers, architects or contractors who will supervise the work, unless the work is exempt under section 298(a) of this title and the names and addresses of all subcontractors who will perform the work;
(6) Receipt from the Department of Planning and Natural Resources showing that a nonrefundable deposit of $2 has been paid on the permit fee;
(7) Other information which may reasonably be required by the Commissioner in order to enforce the provisions of this chapter and pertinent rules and regulations;
(8) When the estimated value of the proposed construction exceeds $1,000, the application forms shall be accompanied by two sets of plans and specifications, and a separate set of plans and specifications shall be delivered to the Director of the Virgin Islands Fire Service for inspection for compliance with fire safety regulations pursuant to Title 23, section 603a of this Code.
(e) Plans. Plans are required to make possible the checking of the proposed work for structural soundness and stability as to accepted engineering practice and to ascertain compliance with other requirements of this chapter, and other applicable laws, rules and regulations. Therefore, for all new construction and additions, the following shall be shown on the plans:
(1) Plot plan to scale showing the location of existing structures on the same and on adjoining lots, the proposed structure, adjacent streets or roads, and existing and proposed septic tanks, seepage pits, and cisterns;
(2) Dimensioned foundation plan showing size, location, and spacing of reinforcing steel;
(3) Dimensioned floor plan with columns, plumbing fixtures, window and door openings, and stair wells located thereon. Wall thicknesses shall also be indicated on the floor plans;
(4) Roof Plan. If roof is frame type; member sizes, species, grade, spacing and method of securing to walls should be shown. Type, thickness and layers of covering shall be specified. If roof is concrete, thickness, and reinforcing steel size, location, and spacing shall be shown;
(5) Cistern plan (may be part of foundation, floor, and elevation plans): all dimensions; location and size of cistern overflow; size, spacing and location of all reinforcing steel shall be shown;
(6) Sewage disposal system;
(7) Plumbing system. Location and sizes of fixtures shall be shown;
(8) Electrical system. Location and type of outlets shall be shown;
(9) Identified, dimensioned section views of all typical structural members such as columns, column pads, footings, beams, cantilevers, and slabs showing size, spacing, and location of all reinforcing steel. If house is frame type, the stud size and spacing, thickness of covering materials, and method of securing wood frame to foundation shall be shown;
(10) Front, rear and side elevations showing openings and sizes, flashing, present and finish grades, depths of footings, finish floor and ceiling heights;
(11) For additions, the methods of securing the proposed construction to existing construction shall be shown;
(12) For alterations, the drawings shall show the structural details of all items involved in the work including existing associated structural members. The proposed modification of the existing floor plan shall be shown and the requirements of items (2) through (9) shall apply for the part of the structure involved in or affected by the alteration;
(13) All sheets of the drawings shall bear the name of the draftsman, engineer, architect or other person who prepared them;
(14) The Commissioner may require that computations and stress diagrams be submitted by the applicant where such are necessary to demonstrate the structural soundness of the proposed construction.
(f) Revocation of permits. The Commissioner may revoke any permit issued under the provisions of this chapter whenever there has been any false statement or any misrepresentation as to a material fact in the application on which the permit was based, or whenever any permit has been issued in error and conditions are such that the permit should not have been issued, or at any time that the Commissioner finds that the provisions of this chapter are not being complied with.
(g) No permit may be issued under this subchapter unless every sidewalk included in the permit application is designed and constructed as to allow physically disabled persons reasonable access thereto in conformity with section 329 of this chapter.
