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PUBLIC LAW NO. 6-45
SIXTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE H.B. NO. 6-26,
HOUSE DRAFT 1,
COMMITTEE 1
FIRST REGULAR SESSION, 1988
AN ACT
To provide for a Building Safety Code of the Commonwealth of the Northern Mariana Islands and for other purposes.
BE IT ENACTED BY THE SIXTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE:
1 Section 1. Addition. A new Chapter 1 is added to
2 Div ion 7 of Title 2 of the Commonwealth Code to read as
3 follows:
4 "CHAPTER I. THE BUILDING SAFETY CODE
5 Section 7101. Short Title. This Act may be cited
6 as the 'Building Safety Code.'
7 ARTICLE 1. GENERAL
8 Section 7111. Purpose. The purpose of this
9 Building Safety Code is to secure and promote the
10 safety, health and general welfare of the people of the
11 Northern Marianas by providing standards for the
12 location, design, material, construction, enlargement,
13 maintenance, use, occupancy, and moving of buildings and
14 structures in the Commonwealth. This Code and its
15 implementing rules and regulations are dedicated to the
16 development of better building construction and greater
17 safety for the citizens and residents of the
18 Commonwealth of the Northern Mariana Islands.
1 Section 7112. Definitions.
2 the following definitions apply:
In this Chapter
3 (a) 'Building' means any structure used or
4 intended for supporting or sheltering any use or
5 occupancy. Unless the context clearly requires a
6 different meaning, the world 'building' shall be
7 construed as if followed by the words 'or part or
8 parts thereof and all equipment therein'.
9 (b) 'Building Safety Code', 'Safety Code', and
10 'Code' mean this Act and the codes and regulations
11 adopted under authority of this Act.
12 (c) 'Building Safety Official' means the Chief
13 of the Building Safety Division of the Department
14 of Public Works, or his or her designee.
15 (d) 'Construction' means the erection,
16 fabrication, reconstruction, demolition,
17 alteration, conversion, or repair of a building, or
18 the installation of equipment therein.
19 (e) 'Dwelling' means any building or portion
20 thereof which contains living facilities, including
21 provisions for sleeping, eating, cooking, and
22 sanitation.
23 (f) 'Enlargement' or 'Addition' means the
24 extension or increase in floor area or height of a
25 building or structure.
1 (g) 'Equipment' means facilities or
2 installations, including but not limited to,
3 plumbing, electrical, ventilating, air conditioning
4 systems, water treatment plants, electrical
5 generators, heating, and refrigerating facilities
6 or installations, and elevators, dumbwaiters,
7 escalators, boilers, and pressure vessels.
8 (h) 'Family' means a group of persons related
9 by blood, marriage, or law living together in one
10 dwelling. Servants having common housekeeping
11 facilities with a family are part of the family for
12 purposes of this Code. For purposes of determining
13 whether a family has previously received a permit
14 for an owner-built, owner-occupied dwelling, a
15 family will be considered to be the same family
16 which received such permit, even though individual
17 children are no longer resident with the original
18 family or have been added to the family membership.
19 Individual children who no longer reside or no
20 longer intent to reside with the original family
21 shall be eligible for their own owner builder
22 permit. In case of divorce the divorced spouse who
23 no longer resides in the previously permitted
24 dwelling shall be eligible for his or her own
25 owner-builder permit. In case of divorce where
1 neither divorced spouse continues to reside in the
2 previously permitted dwelling, neither shall be
3 eligible for an owner-builder permit.
4 (i) 'Owner-built, owner-occupied Dwelling'
5 means a structure, owned and constructed by any
6 person or family who acts as the general contractor
7 for, or as the provider of, all or the major part
8 of the labor expended to build the structure, which
9 structure is to be occupied as the principal
10 residence of that person or family, and no part of
11 which is to be leased, rented, or used for
12 commercial purposes.
13 (j) 'Regulations' means a set of requirements,
14 policies, standards, procedures and rules, adopted
15 by the Building Safety Official in accordance with
16 the Administrative Procedure Act and this Building
17 Safety Code.
18 (k) 'Structure' means anything constructed or
19 erected with a fixed location for occupancy or use.
20 Section 7113. Applicability of the Code.
21 (a) General. This Code shall apply to the
22 location, design, material, construction,
23 enlargement, maintenance, use, occupancy and,
24 moving of any building or structure within the
25 Commonwealth 180 days after the effective date of
1 this Code except as exempted in this Section or by
2 regulation.
3 (b) Traditional Structures Exempted.
4 Structures traditional to the Chamorro or
5 Carolinian cultures, such as pala-palas,
6 constructed primarily of natural materials
7 indigenous to the Northern Mariana Islands are
8 exempted from compliance with this Code.
9 (c) Applicability to Additions, Alterations,
10 or Repairs.
11 (1) Additions or alterations may be made
12 to any building or structure without requiring
13 the existing building or structure to comply
14 with the requirements of this Code,
15 provided the addition or alteration itself
16 conforms to the requirements of this Code for
17 a new building or structure. Additions or
18 alterations shall not be made to an existing
19 building or structure which will cause the
20 existing building or structure to be in
21 violation of any of the provisions of this
22 Code nor shall such additions or alterations
23 cause the existing building or structure to
24 become unsafe. Any building to be added to or
25 altered to permit a change in occupancy or use
1 shall comply with all requirements of the
2 Zoning Code (Chapter 2 of this Division)
3 pertaining to such occupancy or use.
4 (2) Repairs to a building or structure,
5 the cost of which repairs do not exceed three
6 thousand dollars ($3,000) may be made without
7 application or notice to the Building Safety
8 Official; provided, that the term repairs
g shall not include the removal or cutting of
10 any structural beam or load bearing support,
11 or the removal or change of any required means
12 of egress, or rearrangement of such parts of a
13 structure effecting the existing requirements.
14 (d) Applicability to Existing Installations.
15 (1) Buildings and structures which are
16 existing at the time of the adoption of this
17 Code shall be allowed to have their existing
18 use or occupancy continued.
19 (2) Where the use of a structure or
20 building is changed, in whole or in part, the
21 entire structure or building shall be made to
22 comply with all provisions of this Safety Code
23 applicable to that new use; provided that in
24 the event of partial change where the dwelling
25 parts are separated from other parts of the
1 structure or building by an approved fire
2 separation, only such dwelling part shall be
3 made to comply with the provisions of this
4 Safety Code.
5 (e) Applicability to Moved and Temporary
6 Buildings and Structures.
7 (1) Buildings or structures moved either
8 into or within the jurisdiction of this Code
9 shall comply with the prov ion of this Code
10 for new buildings or structures.
11 (2) Temporary structures such as fences,
12 office trailers, sheds, and other
13 miscellaneous structures used for the
14 protection of the public around and in
15 conjunction with construction work may be
16 erected with a special expedited permit from
17 the Building Safety Official for a limited
18 period of time. Such buildings or structures
19 need not comply with the type of construction
20 or fire-resistance time periods required by
21 this Code. The Permittee shall completely
22 remove any temporary buildings or structures
23 upon the expiration of the time limit stated
24 in the permit. No dwelling structure may be
25 erected with such an expedited permit.
1 (3) Temporary structures such as
2 reviewing stands, stages, canop , outdoor
3 kitchens and other miscellaneous structures
4 used for public events of no more than one
5 week's duration are exempted from this Code.
6 Such temporary structures for public events of
7 longer duration may be erected with a special
8 expedited permit from the Building Safety
9 Official. Such structures used for private
10 purposes on private property are exempted from
11 this Code.
12 (f) Applicability to Historic Buildings.
13 Repairs, alterations and additions necessary for
14 the preservation, restoration, rehabilitation or
15 continued use of a building or structure may be
16 made without complying with all the requirements of
17 this Building Safety Code when authorized by the
18 Building Safety Official, provided:
19 (1) The building or structure has been
20 designated by official action of the Historic
21 Preservation Officer as having special
22 historical or architectural significance;
23 (2) Any unsafe conditions are
24 corrected; and
25 (3) The restored building or structure
1 will be no more hazardous in terms of personal
2 safety, fire safety, and sanitation than was
3 the unrestored building or structure.
4 (g) Applicability to Buildings under
5 Construction. Buildings or structures which are
6 more than 25% constructed on the effective date of
7 this Code shall be exempted from compliance with
8 respect to such construction and with respect to
9 the remaining percentage of construction.
10 Provided, the owner of such building or structure
11 shall register such construction with the Building
12 Safety Official within 30 days of the effective
13 date of this Act and the Building Safety Official
14 shall certify the plans for such building or
15 structure for the purpose of establishing the
16 extent to which such construction is exempted.
17 Subsequent enlargement or alteration of such
18 building or structure shall comply with this Code
19 as herein provided. The Board shall, by
20 regulation, establish standards and procedures for
21 determination of the percentage of construction,
22 using the schedule of values agreed upon between
23 the contractor and the owner or such other system
24 as shall be appropriate and fair.
25 (h) Proper Maintenance of Buildings. All
1 devices or safeguards which are required by this
2 Safety Code shall be maintained by the owner of
3 the building or structure, or the owner's
4 designated agent, at the minimum in conformance
5 with the provisions of the Safety Code in effect
6 at the time of installation. Buildings or
7 structures permitted under the modification of
8 Code provisions of Section 7114 shall be
9 maintained in conformance with such modification.
10 Section 7114. Authority to Modify the Code.
11 Whenever there are practical difficulties involved in
12 carrying out the provisions of this Code, the Building
13 Safety Official at the request of the permit applicant
14 shall recommend to the Building Safety Review Board a
15 grant of modification for the permit applicant's
16 individual case, provided the Building Safety Official
17 shall first find that a special individual reason
18 makes the strict letter of this Code impractical and
19 that the modification is in conformity with the intent
20 and purpose of this Code and that such modification
21 does not lessen any fire protection requirements or
22 will not detrimentally affect the structural integrity
23 designed to be achieved by the provisions of this
24 Safety Code or of any regulation adopted under the
25 authority of this Safety Code. The details of any
1 action granting modifications shall be recorded and
2 entered in the files of the Building Safety Division.
3 Section 7115. Alternate Materials and Methods of
4 Construction.
5 (a) The provisions of this Building Safety
6 Code are not intended to prevent or discourage the
7 use of any device, equipment, material, or method
8 of construction not specifically prescribed by this
9 Code, provided that any such alternative has been
10 approved and its use expressly authorized in
11 writing by the Building Safety Official.
12 (b) The proponent shall file a request for
13 authorization to use the proposed new or alternate
14 material, method, device or equipment, accompanied
15 by proof in support of the claims regarding the
16 consistency of the proposed use with the standards
17 established by this Safety Code.
18 Section 7116. Testing to Prove Compliance.
19 (a) Whenever there is insufficient evidence
20 that any material or any construction method meets
21 the requirements of this Safety Code or in order to
22 prove claims for alternate materials or methods of
23 construction, the Building Safety Off ial may
24 require tests and proof of compliance, to be made
25 at no expense to the Building Safety Division by an
1 independent agency or laboratory approved by the
2 Building Safety Official.
3 (b) The tests shall be performed in accordance
4 with generally recognized standard test procedures
5 for the proposed use. In the absence of such
6 standard test procedures, the Building Safety
7 Official may specify the test procedure.
8 Section 7117. Survey and Record of Buildings.
9 (a) As the Building Safety Official receives
10 requests for use, occupancy, expansion,
11 improvement, and repair and, as funding permits,
12 additional surveying, within 3 years from the
13 effective date of this Code, the Building Safety
14 Official shall conduct a survey of all buildings
15 and structures in the Commonwealth. The Building
16 Safety Official shall establish and maintain a
17 complete, current record of each and every building
18 and structure surveyed, its use, nature, and
19 physical condition.
20 (b) The Building Safety Official shall keep
21 official records of plans, specifications,
22 computations, and applications received, permits
23 and certificates issued, fees collected, reports
24 of inspections, and notices, rules, regulations,
25 decisions and orders issued. File copies of
1 papers in connection with building operations
2 shall be retained in the official records as long
3 as the building or structure to which they relate
4 remains in existence.
5 ARTICLE 2. ENFORCEMENT REQUIREMENTS
6 Section 7121. Establishment of the Building Safety
7 Division. There is in the Department of Public Works a
8 Building Safety Division. The Building Safety Division
9 shall be headed by a division chief known as the
10 Building Safety Official. The Building Safety Official
11 shall be a registered architect or engineer or a
12 Building Official certified by the International Council
13 of Building Officials and shall have at least five
14 years of relevant, appropriate experience.
15 Section 7122. Powers and Duties of the Building
16 Safety Official.
17 (a) General. The Building Safety Official
18 shall educate the public concerning the Building
19 Safety Code and shall enforce all of its
20 prov ions.
21 (b) Deputies. In accordance with prescribed
22 procedures, the Building Safety Official shall
23 select a qualified Chief Plans Examiner, who
24 shall be a registered architect or engineer
25 licensed to practice in the Commonwealth, and
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1 such other related technical officers, inspectors
2 or administrative employees as are required to
3 accomplish the intent and purposes of this Safety
4 Code. They shall be exempt from the application
5 of the Commonwealth Civil Service Act, Part 1
6 (commencing Section 8101) of Division 8 of Title
7 1. The Building Safety Review Board may set the
8 wage and salary scales of the Division, which
9 shall be commensurate with those paid in the
10 Commonwealth for work requiring comparable
11 education, training, and experience. Further,
12 they shall be provided with the training and
13 resources to carry out their duties.
14 (c) Right of Entry. Whenever necessary to
15 make an inspection to enforce any of the provisions
16 of this Safety Code or whenever the Building Safety
17 Official has reasonable cause to believe that there
18 exists in any building or upon any premises any
19 condition or code violation which makes such
20 building or premises unsafe, dangerous or
21 hazardous, the Building Safety Official or the
22 Building Safety Official's authorized
23 representative may enter such building or premises
24 at any reasonable time to inspect the same or to
25 perform any duty imposed upon the Building Safety
1 Official by this Act; Provided, that if such
2 building or premises be unoccupied, the Building
3 Safety Official or the authorized representative
4 shall first make a reasonable effort to locate the
5 owner or other persons having charge or control of
6 the building or premises and request entry. If any
7 entry is refused, the Building Safety Official or
8 the authorized representative may obtain a court
9 ordered warrant for entry and shall have recourse
10 to every other means provided by law to secure
11 entry.
12 (d} Stop Work Orders. Whenever any
13 construction is being done contrary to the
14 provisions of this Safety Code the Building Safety
15 Official shall enforce the Code by ordering the
16 construction stopped by notice in writing served on
17 the owner or the construction supervisor, or, in
18 the event neither the owner nor the supervisor is
19 at the building or on the premises, on any persons
20 engaged in or causing such construction to be done,
21 and any such person or persons shall p'romptly stop
22 such construction until the project is in
23 compliance with this Code and continuation of work
24 is authorized by the Building Safety Official. If
25 any stop work order is not complied with, the
1 Building Safety Official may obtain a court ordered
2 injunction and shall have recourse to every other
3 means provided by law to stop such construction.
4 (e) Use Violations. Whenever any building or
5 structure or equipment that is regulated by this
6 Code is being used contrary to the provisions of
7 this Code, the Building Safety Official may order
8 such use discontinued and the structure or portion
9 thereof vacated by notice served on the owner or
10 building manager or, if neither the owner nor the
11 building manager are at the building or on the
12 premises, on any person causing the unauthorized
13 use to be continued. Such person or persons shall
14 discontinue the use within the time prescribed by
15 the Building Safety Official after receipt of a
16 notice to make the structure, or portion thereof,
17 comply with the requirements of this Code. If any
18 such order is not complied with, the Building
19 Safety Official may obtain a court ordered
20 injunction against such use and shall have recourse
21 to every other means provided by law to secure
22 discontinuation of the use.
23 (f) Liability. This Act shall not be
24 construed to relieve from or lessen the
25 responsibility of any person owning, operating, or
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1 controlling any building or structure for any
2 damages to persons or property caused by defects;
3 nor shall the Building Safety Division or the
4 Commonwealth Government be held as assuming any
5 such liability by reason of the permit or
6 inspection authorized by this Code or any
7 certificate of inspection issued under this Act.
8 (g) Cooperation of Other Officials and
9 Officers. The Building Safety Official may
10 request, and shall receive so far as is required in
11 the discharge of his or her duties, the assistance
12 and cooperation of any other officials of the
13 Commonwealth Government.
14 (h) Regulations. The Building Safety
15 Official shall issue regulations as required
16 under Section 7153 and shall endorse model house
17 plans under Section 7151.
18 (i) Education. The Building Safety Official
19 shall undertake and be responsible for the
20 education of the general public, particularly
21 owner-builders of owner-occupied dwellings, with
22 respect to the purposes, provisions, and
23 requirements of this Safety Code, the plan review
24 services provided by the Building Safety Division,
25 and economical and energy and water conservative
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House Bill No. 6-26, H.D.l, Comm. Subst. 1
1 building materials, methods and equipment.
2 (j) Annual Report. The Building Safety
3 Official shall report annually to the Legislature
4 on the work of the Building Safety Division,
5 recommending such additions or rev ions of the
6 Building Safety Code as may be appropriate.
7 Section 7123. Restrictions on Employees. No
8 employee of the Building Safety Division, or other
9 officer of the Commonwealth Government engaged in
10 administering or enforcing the provisions of this Safety
11 Code, shall, during the term of his or her employment,
12 be engaged directly or indirectly in any building
13 business, enter into any building contracts or furnish
14 building materials, plans or specifications for others.
15 However, such employee or officer may design, construct,
16 or contract for the design or construction of a building
17 or structure for his or her own use after having so
18 declared in writing his or her intention to do so to the
19 Building Safety Official. No such employee or officer
20 shall be involved with the enforcement or any approvals
21 required under this Safety Code of any such building or
22 structure.
23 Section 7124. Unsafe Buildings or Structures.
24 (a) All buildings or structures to which this
25 Safety Code applies which are structurally unsafe
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1 or not provided with adequate egress, or which
2 constitute a fire hazard, or are otherwise
3 dangerous to human life, as determined by this
4 Safety Code, are, for the purpose of this section,
5 'unsafe'. Any use of buildings or structures
6 constituting a hazard to safety, health, public
7 welfare, or the natural environment by reason of
8 inadequate maintenance, dilapidation, fire hazard,
9 disaster, damage, or abandonment, or wear and tear,
10 is for the purpose of this section, an 'unsafe
11 use'. Parapet walls, cornices, spires, towers,
12 tanks, signs, statuary and other appendages or
13 structural members which are supported by, attached
14 to, or a part of a building and which are in
15 deteriorated condition or otherwise unable to
16 sustain the design loads which are specified in
17 this Code are hereby designated as 'unsafe building
18 appendages'.
19 (b) All such unsafe buildings, structures,
20 or appendages are declared to be public nuisances
21 and shall be corrected by repair, rehabilitation,
22 demolition or removal in accordance with the
23 procedures established by the Building Safety
24 Official.
25 Section 7125. Building Safety Code Review Board.
1 (a) Creation of Board. A Building Safety Code
2 Review Board is established in the Commonwealth
3 Government, consisting of seven members, who shall
4 be appointed by the Governor with the advice and
5 consent of the Senate.
6 (b) Purpose. The Building Safety Code
7 Review Board is established to review challenged
8 decisions of the Building Safety Official and
9 grant modifications of the Code under provisions
10 of Section 7114.
11 (c) Composition. The Board shall consist of a
12 licensed architect, and a licensed engineer, the
13 President of the CNMI Contractors Association or
14 his or her designee, the President of the Chamber
15 of Commerce or his or her designee, and three
16 members who are private citizens and who shall
17 have no personal financial interest in the
18 construction industry in the CNMI. The members
19 shall choose a Chairman and Vice-Chairman.
20 (d) Term. Members shall serve for a term of
21 five years beginning from their date of
22 confirmation by the Senate, except the President of
23 the CNMI Contractors Association and the President
24 of the Chamber of Commerce or designee shall serve
25 until replaced in their respective positions by
1 their appointing authority. The term of a member
2 appointed by the Governor to fill a vacancy shall
3 be five years beginning from the date of
4 confirmation by the Senate.
5 (e) Compensation. The members of the Board
6 shall receive compensation and reimbursement of
7 expenses pursuant to 1 CMC Section 8247.
8 (f) Meetings. The Board shall meet as
9 necessary to discharge its responsibilities. The
10 Chairman or any two members may call a meeting. A
11 quorum of five members shall be required to
12 to convene a meeting.
13 Prior public notice of meetings shall be made
14 in, at least, one medium of general circulation
15 in the Commonwealth for one week prior to the
16 meeting. Meetings of the Board shall be conducted
17 at a public location and be open to the public.
18 The Board shall adopt rules of procedure
19 necessary for the conduct of its operations and
20 meetings, including procedures for public notice of
21 meetings and decisions of the Board. 'All decisions
22 of the Board shall be made at public meetings by a
23 majority vote of the quorum convening the meeting.
24 A written record of all Board dee ions, including
25 the reasons for such decisions, shall be be kept
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1 and shall be available for public inspection.
2 (g) Appeals From Final Determinations of the
3 Building Official.
4 (1) Any person adversely affected or
5 aggrieved by a determination of the Building
6 Safety Official may appeal such dee ion to
7 the Building Safety Code Review Board. The
8 appeal shall be filed within 90 days after the
9 Building Safety Official issues any final
10 order, requirement, regulation, decision, or
11 other determination. The fee for filing an
12 appeal shall be established by the Board.
13 (2) Within 30 days from the filing of a
14 complete application for an appeal, the Board
15 shall in a written decision with a statement
16 of reasons uphold, modify, or reverse the
17 determination of the Building Safety Official.
18 The Board shall uphold the determination of
19 the Building Safety Official unless it is:
20 (A) clearly erroneous under the
21 Building Safety Code;
22 (B) in violation of applicable
23 constitutional or statutory provisions;
24 (C) arbitrary or capricious; or
25 (D) not adopted in accordance with
1 required procedures.
2 (3) In the event the Board fails to make
3 a decision within 30 days, the appellant may
4 petition for and receive a court order
5 directing the Board to comply with the Code.
6 An applicant who receives such rel f shall
7 also be awarded his costs of litigation and
8 attorneys fees.
9 (h) Appeal of Board Decision. Any party
10 aggrieved by the decision of the Board may obtain
11 further review pursuant to the Administrative
12 Procedure Act (1 CMC Section 9101 et seq.).
13 (i) Staff. Subject to budgetary
14 appropriation, the Board may employ staff as
15 required to assist it in performing its duties.
16 Section 7126. Violations of the Code.
17 (a) It shall be unlawful for any person, firm
18 or corporation to construct, enlarge, move, equip,
19 use, occupy or maintain any building or structure,
20 or cause to permit the same to be done, in
21 violation of any provisions of this Building Safety
22 Code. If a violation of the Building Safety Code
23 has occurred, the Building Safety Official shall
24 require the completion of corrective measures that
25 result in compliance with the Building Safety Code
1 before occupancy of the building is permitted.
2 (b) civil Penalty. In addition to the powers
3 of the Building Safety Official under Section
4 7122(d) and (e), the Building Safety Official shall
5 establish by regulation a system of civil
6 penalties, gradated by severity and type of
7 violation, and not to exceed $10,000 or 1% of the
8 total value of the project, whichever is greater,
9 per day for Code violations, and may obtain
10 injunctive relief from sale, delivery, use,
11 occupancy, construction, or removal of any building
12 covered by this Building Safety Code, upon an
13 affidavit of the Building Safety Official
14 specifying the manner in which the building does
15 not conform to the Building Safety Code.
16 (c) Criminal Penalty. In addition to all
17 other remedies or penalties hereunder, any person
18 who knowingly and willfully commits an offense
19 under subsection (a) shall upon conviction be
20 imprisoned for not more than six months or fined
21 not mQre than $50,000 or both.
22 (d) Private Action. Notwithstanding any other
23 remedies available, any person damaged
24 economically, injured, or otherwise aggrieved as a
25 result of a violation of the Building Safety Code
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1 has a cause of action against the person who
2 committed the violation. Violation of the Building
3 Safety Code shall constitute a per se public
4 nuisance. An award shall include damages and the
5 costs of litigation including reasonable attorneys'
6 fees.
7 ARTICLE 3. PERMIT REQUIREMENTS
8 Section 7131. Building Permits.
9 (a) Permits Required. Except as exempted by
10 this Code, before a person commences construction,
11 enlargement, or removal of any building or
12 structure, such person shall first obtain from the
13 Building Safety Official a separate permit for each
14 building or structure.
15 Prior to application for a building permit
16 such person shall first obtain all other applicable
17 permits required by law from the Department of
18 Environmental Quality, Historical Preservation
19 Office, Coastal Resources Management Office, U. S.
20 Army Corps of Engineers, or other Federal or
21 Commonwealth Government agency regulating the
22 particular activity for which a building permit
23 will also be required.
24 (b) Expedited Permits. The Building Safety
25 Official shall publish a list of those types of
1 works or projects which may receive expedited
2 building permits. Receipt of an expedited building
3 permit shall not be construed to grant
4 authorization for any work to be done in any manner
5 in violation of the prov ions of this Building
6 Safety Code or any other Commonwealth law.
7 (c) Application. The Building Safety Official
8 shall establish by regulation the procedure for the
9 application for and issuance of any building or
10 occupancy permit, including a time frame under
11 which such application will be reviewed.
12 (d) Plans On Site. Plans, drawings, and
13 specifications upon which a building permit has
14 been issued shall be kept on the building site at
15 all times while the permitted activity is being
16 conducted and shall be available to the Building
17 Safety Official at all such times. All such
18 documents shall be written in the English language.
19 Section 7132. Required Fees.
20 (a) Permit Fees.
21 (1) The Building Safety Offlcial may
22 charge and collect reasonable fees for
23 building permit applications, plan review,
24 inspections, and other procedures authorized
25 under the provisions of this Code. The
1 shall be established by the Building Safety
2 Official with the approval of the Building
3 Safety Code Review Board and shall be set
4 forth in the regulations. The fee for a
5 building permit may vary based on the proposed
6 use or occupancy and value.
7 (2) The determination of value or
8 valuation under any of the provisions of this
9 Code shall be made by the Building Safety
10 Official. The value to be used in computing
11 the building permit and building plan review
12 fees shall be the total value of all
13 construction work for which the permit
14 issued as well as the value of all finish
15 work, painting, roofing, electrical, plumbing,
16 heating, air conditioning, elevators, fire
17 extinguishing systems, and any other permitted
18 equipment.
19 (3) The Building Safety Official shall
20 provide for a system of fee credits for
21 structures or equipment designed 1to produce
22 energy from renewable sources, conserve
23 energy, or collect or store rainwater.
24 (b) Plan Review Fees. When a plan or other
25 data are required to be submitted, a reasonable
1 plan review fee shall be paid at the time of
2 submitting plans and specifications for review.
3 Except, applicants for owner-builder permits and
4 persons employing the predesigned residential house
5 plans described in Section 7151, herein, shall not
6 be required to pay such a fee with respect to such
7 owner-built or predesigned dwellings. The
8 Building Safety Official shall establish by
9 regulation a time frame in which plan reviews
10 shall be accomplished.
11 (c) Owner-Builder Permits. The Building
12 Safety Official shall issue permits for
13 owner-built, owner-occupied dwellings free of
14 charge and on an expedited basis. No more than one
15 (1) building permit for initial construction of an
16 owner-built, owner-occupied dwelling shall be
17 issued to the same person or for the same family in
18 any ten (10) year period. Permits for structures
19 appurtenant to the owner-built, owner-occupied
20 dwelling, such as outdoor kitchens, carports, and
21 housing for domestic livestock, are exempted from
22 payment of any fee for a building permit.
23 The Building Safety Official shall use the
24 permit process as an opportunity to educate
25 owner-builders concerning the plan review services
PUBLIC L1'JfJ NO. 6-45
House Bill No. 6-26, H.D.l, Comm. Subst. 1
1 of the Building Safety Division and the
2 availability of safe, energy efficient,
3 environmentally appropriate house plans from the
4 Division.
5 The Building Safety Official shall examine
6 owner-builders' plans for compliance with all
7 applicable electrical standards of the Commonwealth
8 Utility Corporation (CUC) and shall certify those
9 plans which meet those standards. The Commonwealth
10 Utility Corporation shall accept such certification
11 in lieu of any other certification or sealing
12 required by CUC with respect to residential
13 electrical systems. Such certification shall not
14 exempt an owner-built residence from any inspection
15 of the residence required by CUC as a
16 precondition for connection of the residence to the
17 public electrical system.
18 7133. Inspection. All construction or work for
19 which a permit is required shall be subject to
20 inspection by the Building Safety Official. Any
21 inspection requested by a permittee shall be conducted
22 by the Building Safety Official within 48 hours of the
23 request.
24 ARTICLE 4. TECHNICAL REQUIREMENTS
25 Section 7141. General. The purpose of this
PUBLIC LN/i/ O. 6-45
House Bill No. 6-26, H.D.l, Comm. Subst. 1
1 Article is to set forth the technical procedures,
2 requirements and minimum standards which shall regulate
3 and control the design, construction, enlargement,
4 quality of materials, use and occupancy, location,
5 removal, and maintenance of all buildings and structures
6 and electrical, plumbing, mechanical and boiler
7 installations within the Northern Mariana Islands, and
8 certain equipment specifically regulated herein.
9 Section 7142. Uniform Building Code Adopted.
10 Except as otherwise provided by this code, all design,
11 construction, enlargement, removal, and use of any
12 building or structure within the Northern Mariana
13 Islands, except work located in a public right-of-way,
14 not specifically regulated herein, and hydraulic flood
15 control structures, shall conform to the requirements of
16 Parts II, III, IV, V, VI, VII, VIII, IX, X, and XI, and
17 Appendix of the 1988 edition of the uniform Building
18 Code published by the International Conference of
19 Building Officials. Except, Section 1212 of Part III,
20 Chapters 12, 23, and 49 of the Appendix, and section
21 7007 of Chapter 70 of the Appendix are not' so adopted.
22 Section 7143. CABO Code Adopted. Single family
23 dwellings and duplexes not requiring special
24 architectural or engineering design shall comply with
25 the requirements of Part I (Section R-115), Parts II,
1 III, IV, V, VI, VII, VIII and the Appendices of the 1986
2 edition of the Council of American Building Officials
3 (CABO) Code for one and two family dwellings.
4 Requirements for such dwellings in the Uniform Building
5 Code are superseded by the adoption of the CABO Code in
6 this Section.
7 Section 7144. Adoption of Other Codes and
8 Requirements; Modifications of Existing Codes.
9 (a) The Building Safety Official may adopt, as
10 appropriate for the Northern Mariana Islands, other
11 national and uniform codes and standards, or
12 amendments to previously adopted codes and
13 standards, covering energy conservation, termite
14 protection of concrete structures,
15 mechanical, electrical, plumbing, air conditioning
16 systems, boilers, water treatment plants,
17 generators, and other such installations. The
18 codes, standards, and amendments shall be listed in
19 the Regulations.
20 (b) The Building Safety Official shall
21 recommend to the Legislature appropriate
22 modifications to be made in the Uniform Building
23 Code and CABO Code adopted herein, in light of the
24 experience of the Official in providing for such
25 modifications on a case by case basis under the
1 provisions of Section 7114.
2 Section 7145. Precedence of Commonwealth Building
3 Safety Code.
4 (a) Where conflicts or contradictions exist
5 between provisions of this Code or the regulations
6 issued hereunder and the Uniform Building Code or
7 the CABO Code, then the Commonwealth Building
8 Safety Code shall apply.
9 (b) Reference in the Uniform Building Code or
10 the CABO Code to the 'building official' or the
11 'Board of Appeals' shall be taken to mean the
12 Building Safety Official or Building Safety Code
13 Review Board, respectively, as established herein.
14 (c) No inspection, nor any certificate of
15 approval, inspection, or occupancy, required by the
16 Uniform Building Code or the CABO Code, shall be
17 required in the Commonwealth unless such
18 requirement is specifically adopted by regulation
19 by the Building Safety Division or by amendment of
20 this Building Safety Code by the Legislature.
21 Section 7146. Earthquake Design Requirements. At
22 a minimum, every building or structure and every portion
23 thereof, to which this Code applies and construction of
24 which begins after the effective date of this Code,
25 shall be designed and constructed to adequately resist
PUBLIC JAv NO. 6-45
House Bill No. 6-26, H.D.1, Comm. Subst. 1
1 earthquake forces as defined and set forth in the
2 Uniform Building Code, or in the case of single-family
3 homes and duplexes as defined and set forth in the CABO
4 Code. For purposes of earthquake design requirements,
5 the Northern Mariana Islands are declared to be in
6 Seismic Zone 3.
7 Section 7147. Typhoon Design Requirements. Every
8 building and structure and every portion thereof, to
9 which this Code applies and construction of which begins
10 after the effective date of this Code, shall be designed
11 and constructed to withstand the minimum horizontal and
12 uplift pressures set forth in the Regulations, but in no
13 case may the design wind velocity be less than 155 miles
14 per hour.
15 Section 7148. Flood Hazard Design Requirements.
16 Every building and structure and every portion thereof,
17 to which this Code applies, construction of which
18 begins after the effective date of this Code, and which
19 is to be built on an area designated as a SPECIAL FLOOD
20 HAZARD AREA by the U.S. Department of Housing and Urban
21 Development or by the appropriate local authority shall
22 be designed to withstand flood waters generated by a
23 storm of the frequency of occurrence of 100 years. The
24 Regulations shall contain a map of such areas and
25 specific guidance and standards for alleviation of flood
PUBLIC I.AW. tJO. 6-45
House Bill No. 6-26, H.D.1, Comm. Subst. 1
1 hazards.
2 Section 7149. Water Conservation Systems Required.
3 (a) The Building Safety Official shall require
4 the construction of water catchment fac in
5 all buildings to which this Code applies,
6 construction of which begins after the effective
7 date of this Code. To the greatest extent feasible
8 such catchments shall be sized so as to provide
9 adequate water for all flushing of toilets in the
10 building.
11 (b) The Building Safety Official is encouraged
12 to approve alternative systems of sewage disposal
13 that result in the conservation of potable water
14 and meet all applicable standards of public health.
15 Section 7150. Fire Safety Systems Required. The
16 Building Safety Official may prohibit the installation
17 of certain grilled windows if he or she finds that
18 they pose a fire safety hazard.
19 Section 7151. Availability of Predesigned
20 Residential House Plans; Plan Review Service.
21 (a) Within one year after the effective date
22 of the Building Safety Code, and from time to time
23 as funds are available and as design theory evolves
24 and new technologies become available or more cost
25 effective, the Building Safety Official shall
PUBLIC LAW NO. 6-45
House Bill No. 6-26, H.D.l, Comm. Subst. 1
1 officially endorse and to the extent feasible cause
2 to be designed and engineered, various model plans
3 for single-family dwellings, which shall be
4 available free of charge, except for the cost of
5 reproduction, to any member of the public.
6 (b) The plans shall particularly emphasize
7 inexpensive, but efficient design and construction
8 techniques, practicality for the owner-builder,
9 suitability for the environmental conditions
10 prevalent in the Northern Marianas, and low energy
11 and water consumption.
12 (c) The plans shall meet all requirements of
13 this Building Safety Code and the minimum
14 requirements of the CABO Code, as modified by
15 regulation of the Building Safety Division. The
16 Plans shall be certified by CNMI registered
17 professional architects and engineers and shall be
18 professional architects and engineers and shall be
19 eligible for immediate issuance of a building
20 permit.
21 (d) The Building Safety Division.shall provide
22 a free plan review service for owner-builders of
23 residential buildings such that upon application
24 for a permit the owner-builder may obtain advice
25 and guidance in practical, low cost,
PUBLIC LNJi/ O. 6-45
House Bill No. 6-26, H.0.1, Comm. Subst. 1
1 environmentally suitable, design and construction,
2 and energy and water conservation techniques and
3 technologies which can be incorporated into the
4 dwelling.
5 Section 7152. Architectural Review Standards.
6 Within one year from the effective date of this Building
7 Code the Building Safety Official shall prepare a set of
8 Architectural Design Standards to apply to all
9 buildings, except owner-built, owner-occupied dwellings,
10 constructed within 150 feet of the center line of Beach
11 Road and the West Coast Highway between Puntan Agingan
12 and the war memorials at Suicide Cliff. The
13 Architectural Review Standards shall establish
14 quantifiable criteria regarding off-street parking
15 space, landscaping, building heights and such other
16 architectural or design features as the Building Safety
17 Official deems appropriate to provide for the creation
18 and preservation of an aesthetically pleasing
19 thoroughfare, compatible with needs of the tourism
20 industry and the life of the villages through which
21 these roads pass. The Building Safety Off1cial shall
22 submit the Architectural Review Standards in statutory
23 form to the Legislature for enactment into law.
24 Section 7153. Issuance of Building Safety Code
25 Regulations. Within 180 days of the effective date of
. .•
PUBLIC INil NG. 6-45
House Bill No. 6-26, H.D.l, Comm. Subst. 1
1 this Building Safety Code the Building Safety Offic
2 shall issue and implement Building Safety Code
3 Regulations specifying codes and standards for all
4 construction to which this Code applies with respect to
5 such standards in general, and for specific mechanical,
6 electrical, and plumbing installations, air conditioning
7 systems, water treatment plants, electrical generators,
8 and boiler installations, fire protection and energy and
9 water conservation, materials and procedures, and design
10 criteria, as well as procedures for the application and
11 issuance of building and occupancy permits, inspections,
12 and other matters of construction not specifically
13 covered by th Building Code."
14 Section 2. Authorization For Appropriation. There
15 hereby authorized to be appropriated from the General Fund of
16 the Commonwealth the sum of three hundred fifty thousand
17 dollars ($350,000) to be used, upon appropriation, to carry
18 out the intent and purposes of this Act. The Building Safety
19 Division and the Building Safety Code Review Board shall be
20 funded annually as appropriate.
21 Section 3. Severability. The provisions of this
22 Building Safety Code are severable.
Section 4. Effective Date. This Building Safety Code
2 shall take effect upon approval by the Governor or upon
3 becoming law without such approval.
ATTESTED BY:
Acting House Clerk
PEDRO IDRENZO I. -DE LEON GUERRERO
Governo
Commonwealth of the Northern Mariana Islands