The Planning Board and Board of Selectmen are continuing to work on changes to Andover’s building permit process to streamline the process for issuing and administering permits and to better align the process with current state law. David Powers, Andover’s recently appointed Building Inspector, is helping with the changes.
Dropping Inspections Shifts Responsibility
One significant impact of the Town no longer inspecting building projects is that the responsibility for adhering to the State Building Code now rests with the contractor or the homeowner. This is made clear on Andover’s new building permit application, which says:
“The Town of Andover has not adopted the State Building Code, and has no provisions for administration, inspection, or enforcement of the State Building Code. Nevertheless, you should be aware that property owners and contractors must comply with the minimum State Building Code requirements. [Emphasis in original.]
“Failure to do so could: 1) impact the ability to insure a property; 2) affect the ability to obtain financing for property acquisition or sale; or 3) establish negligence if personal injury were to arise from a failure to comply. The statutory responsibility for compliance with the State Building Code rests with the contractor, or the homeowner if functioning as their own contractor. No municipality can be held liable for the failure of a contractor to comply with the requirements of [the State Building Code].” [Emphasis in original.]
Andover’s building ordinance dates from 1961, long before Andover adopted zoning in 1974 and long before the state legislature enacted the state building code in 2002. Changes are needed to update both our regulations and the process for getting permits.
So far, the Selectmen have adopted a new building permit application form and a new fee schedule. Andover building permits will no longer require on-site inspection for compliance with the state building code, and the new application form and fee schedule reflects this change by reducing most fees.
Dropping the Building Ordinance
In addition, the Planning Board has recommended that Andover’s old, outdated Building Ordinance should be repealed, and the regulations for building permits should be updated and incorporated into the Zoning Ordinance. This will require a ballot vote at Town Meeting in March 2014.
Draft changes to the Andover Zoning Ordinance are being worked on by the Planning Board and the Board of Selectmen. The Planning Board expects to hold a hearing on the changes when the draft ordinance language is complete and published, probably in December. The hearing will include input on repeal of the Andover Building Ordinance.
After the hearing, the draft ordinance will be reviewed once more, and any changes resulting from testimony received at the hearing will be incorporated. Then the repeal of the existing Building Ordinance and the changes to the Zoning Ordinance will be placed on the ballot to be voted on at the same time as voting for elected town officials, in March 2014. These items must go on the ballot because changes to Town ordinances must, by law, appear on the ballot; they cannot be voted on during Town Meeting itself.
The Planning Board meets regularly on the second and fourth Tuesdays of the month, at 7 PM. The public is always welcome. Interested people can obtain a working draft of proposed ordinance changes from the Town Office.