§ 23-27.3-120.3 - Existing buildings.
SECTION 23-27.3-120.3
§ 23-27.3-120.3 Existing buildings. –Upon written request from the owner of an existing building, the buildingofficial shall issue a certificate of use and occupancy, provided there are noviolations of law or orders of the building official or the fire officialpending, and it is established after inspection and investigation that thealleged use of the building has heretofore existed. Nothing in this code shallrequire the removal, alteration, or abandonment of, or prevent the continuanceof the use and occupancy of, a lawfully existing building, unless the use isdeemed to endanger public safety and welfare. In addition, the written requestfrom the owner of any property serviced by a private well shall be accompaniedby documentation which demonstrates compliance with the drinking water testingrequirements and the drinking water standard for coliform bacteria, fluoride,lead, nitrate and nitrite for private wells established by the director ofhealth. A city or town may require additional testing and compliance withquality standards established pursuant to § 23-1-5.3(6). Testing resultswhich show that a private well is not in compliance with one or more of thesedrinking water quality standards shall be sufficient to deem the private wellas a danger to public safety and welfare, and shall require corrective actionbefore the certificate of use and occupancy can be issued.
Corrective action will be required within thirty (30) days.The property owner may appeal to the Town Building Code Board of Appeals for aninety (90) day extension, or give other just cause why the water well shouldremain in service for an extended period of time.
If a registered engineer or otherwise qualified professionalcertifies no currently available treatment system will adequately treat thewater to meet the potability requirement, the property owner can appeal to theTown Building Code Board of Appeals for an exemption from the private wellpotability requirement until such time a public water supply becomes available.This exemption will expire after five (5) years, renewable by appeal only.