YSC, Title 20.  Planning & Economic Development
 
 
 
Chapter 4.  Yap
State Building Code

401.   Short title.
402.   Purpose.
403.   Adoption of Yap State Building Code.
404.   Provisions of the code.
405.   Application.
406.   Administration of the Yap State Building Code.
407.   Penalties for violation.
408.   Liberal construction.
409.   Severability.

     401.  Short title.
     This chapter shall be known and may be cited as the "Yap State Building Code Act of 1997".

          Source:  YSL 4-56 1, modified.

     402.  Purpose.
     The purpose of this chapter is to authorize the development and adoption of a state building code to provide, as far as practicable, basic and uniform performance standards concerning the design, construction, quality of materials, use and occupancy, location and maintenance of buildings, structures and equipment associated therewith that are funded or supported by the State or other government agencies.

          Source:  YSL 4-56 1, modified.

     403.  Adoption of Yap State Building Code.

     (a)  The Governor shall formulate, propose, and adopt a Yap State Building Code hereinafter referred to as the "Code" which shall prescribe minimum standards for the construction of buildings, or classes of buildings, and the installation of appurtenances thereto.  The Code may include, but not limited to, standards or requirements for the design and construction of buildings and other structures and their appurtenances, for the materials to be used in connection therewith, and for their use, occupancy, location and maintenance.

     (b)  Provisions of the Yap State Building Code may, from time to time, be added, amended or repealed to effectuate the purposes of this chapter.

     (c)  The Yap State Building Code and all additions, amendments or repeal of its provisions, shall be adopted by the Governor, and approved by the Legislature by resolution. Upon its approval by the Legislature it shall have the force and effect of law.

          Source:  YSL 4-56 3, modified.

     404.  Provisions of the code.
     The Yap State Building Code shall be designed to achieve the general purpose of this chapter and the following:

     (a)  To provide reasonable uniform standards and requirements for construction and construction materials, consonant with accepted standards of engineering and fire-prevention practices;

     (b)  To permit, so far as may be practicable, the use of modern technical methods, devices and improvements which tend to reduce the cost of construction without substantially affecting reasonable requirements for the health, safety and security of the occupants or users of the building or other structures;

     (c)  To encourage, so far as practicable, the standardization of construction practices, methods, equipment, material and techniques;

     (d)  To eliminate restrictive, obsolete, conflicting and unnecessary building practices and requirements which tend to increase unnecessarily construction costs or retard the completion of construction;

     (e)  To provide for the upgrading of existing buildings and structures to the standards set out in the Yap State Building Code; PROVIDED that such upgrading of existing buildings and structures shall not be required prior to modification or repair of the building or other structure; PROVIDED FURTHER that such upgrade shall not be required for the construction of buildings and other structures for which funds have been obligated prior to the adoption of the Yap State Building Code; and

     (f)  To provide an administrative procedure for appealing decisions of the Building Officer with adequate notice to the aggrieved party and with an opportunity to be heard and present evidence.

          Source:  YSL 4-56 4, modified.

     405.  Application.

     (a)  The Yap State Building Code shall be applicable to the construction of all buildings and other structures, and the installation of appurtenances thereto, that are funded by the State or supported with State funds.  This includes, without limitation, such projects directly funded or financed by the State, projects wherein the monies are administered or managed by the State, and projects built with monies loaned by the State; PROVIDED, HOWEVER, that when the monies for construction are made available to the State on condition that a different building standard shall apply, and such standard is more stringent or restrictive, then such alternate standard shall apply to that particular project.

     (b)  The Yap State Building Code shall also apply to such other buildings or other structures to be constructed with funds from the National or any foreign government or governmental agency unless specifically modified or waived by the Building Officer.

     (c)  The application of the Yap State Building Code may be limited to specified classes or types of buildings, according to use or other distinctions, and may differentiate among different areas of the State depending on special conditions therein.

          Source:  YSL 4-56 5, modified.

     406.  Administration of the Yap State Building Code.
     The Governor shall designate a person within the Executive Branch as the Building Officer to administer and enforce the Yap State Building Code.  Subject to the procedures and limitations set out in the Yap State Building Code, the Building Officer is expressly authorized and empowered:

     (a)  To examine and approve or disapprove plans and specifications for the construction of buildings and other structures to which this chapter applies.

     (b)  To require that the construction of any such building or structure be in accordance with the applicable provisions of the Yap State Building Code, subject, however, to the powers of variance or modification that may be granted in the Yap State Building Code.

     (c)  To issue certificates of occupancy, permits, licenses and such other documents as may be required by the Yap State Building Code in connection with the construction of buildings or other structures.

     (d)  To prohibit the commencement of construction until a permit therefor has been issued showing compliance with the requirements of the applicable provisions of the Yap State Building Code.

     (e)  To ensure compliance with this chapter and the Yap State Building Code established hereunder, and in connection with any hearings or investigations, the Building Officer shall have the authority to subpoena witnesses, records, books, documents and any relevant information not otherwise protected by law.

     (f)  To order in writing, the remedying of any condition found to exist in, or about any building in violation of the Yap State Building Code.  Such orders shall be served in the same manner as the service of summons as prescribed by the rules of the State Court of Yap.

     (g)  To exercise such ancillary powers as set out in the Yap State Building Code and as necessary to fulfill the purposes of this chapter.

          Source:  YSL 4-56 6, modified.

     407.  Penalties for violation.
     In addition to any other remedy or penalty available by law, any person, having been served with an order of the Building Officer who shall fail to comply with such order within the time fixed by the Building Officer, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of the Yap State Building Code shall, upon conviction, be subject to a fine of not more than $500.00, or 30 days imprisonment, or both.  Each day of the violation shall constitute a separate offense.

          Source:  YSL 4-56 7, modified.

     408.  Liberal construction.
     The provisions of this chapter shall be interpreted liberally to effectuate its purposes.

          Source:  YSL 4-56 8, modified.

     409.  Severability.
     If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

          Source:  YSL 4-56 9, modified.
                                                                                                                                                                                                                                                                                                           
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