For many Americans, the term “building permit” tends to evoke thoughts of Soviet-style bureaucracy. Homeowners often consider building permit regulations to be a police-state type intrusion, even when they actually know next-to-nothing about the process. Contractors all-too-frequently “persuade” owners to have work performed without a permit to avoid the perceived hassle of those dreaded inspectors. “Fear-of-building-permit” affliction is mostly not justified. A building permit is actually worthwhile protection for the owner. However, to ensure full benefits and avoid potential delays, homeowners should obtain basic knowledge about the permit process before embarking on a building project, whether a new house or a kitchen remodel. PURPOSE OF BUILDING PERMIT When crossing a bridge, especially a long, high span over water, we clearly understand the need for safe construction. Those who have been inside buildings during hurricanes or earthquakes also realize (very clearly) the critical importance of proper construction. During more usual daily events, we tend to forget about safety of building construction. In general, such lack of concern is expected and necessary so we can focus on solving more immediate problems. However, ensuring building safety remains an essential function that should not be neglected. A building permit is one tool that can be useful in the effort to provide safe buildings. Constructing a new building or making changes (alterations) to elements of an existing building must be done properly to ensure safety of occupants, both current and future. Though difficult for current owners and occupants of buildings to admit, they will almost certainly not outlive the building unless it has already started to collapse. The building essentially has a “life” of its own and will serve new owners. The permit process, when applied correctly, helps to ensure that building safety is maintained throughout the life of the building. BUILDING PERMIT PROCESS: GENERAL In the US, each municipality (city, township, borough) or county generally has a building department that is responsible for managing the building permit process. Key code officials, such as construction official, are typically local government (municipal, county) employees. For small communities, code officials may be state employees. Building inspectors are often government employees also. However, inspection functions may be subcontracted out to private-sector firms. The property owner is always responsible for the permit, even if the builder or contractor (as owner’s agent) handles the paperwork. Basic information must be included on the permit application, including names of owner and contractor, general description of proposed work and estimated cost. Permit fees, typically based on type of construction and estimated cost, are supposed to cover the cost of plan review and inspections by code officials and inspectors. Regulations set time limits for code officials to review and release the permit application, as long as there are no outstanding design issues (see Plan Review). Many building departments turn permits around in several days. However, the owner or contractor should call the code office if there is some delay without explanation. The permit (when issued) typically is valid for a specific time limit, such as one or two years. If construction has not started before the limit expires, a new permit may be required. Permits may be amended to include additional construction. Revised design plans may be required for such amendment. ONLINE INFORMATION Information about building permit requirements is available online. Many communities provide building permit application forms. The following samples from around the US illustrate some of the better information and capabilities provided: Baltimore, Maryland Austin, Texas Freehold Township, New Jersey Oakland, California State of Washington US Census Bureau RESPONSIBILITY FOR DESIGN Building design is a separate function from construction. The general public often does not understand that some person or persons other than the builder are responsible for design. For any building that serves the public, state laws require that a licensed architect or engineer must design the building. The design professional (architect or engineer) prepares design documents (plans & specifications) to show construction requirements for the completed building. Plans and specifications must satisfy requirements of the applicable building codes. Design documents, submitted along with the building permit application, become the key documents governing construction. For single-family houses, plans may be prepared by the owner or builder, depending on state regulations. Quality of such plans is often severely deficient. PLAN REVIEW During the permit process, plans and specifications are reviewed by various code officials responsible for specific aspects or “systems” such as framing and foundations, mechanical, electrical and plumbing. However, intent of “plan review” is only to ensure that; (1) Plans have been prepared by qualified person or persons, and (2) In general, plans and specifications conform to basic requirements of the building code. The public has the very common misconception that code officials “approve” design plans. In fact, code officials are almost universally not licensed architects or engineers and are therefore not qualified to completely check or approve design plans. When the building code includes prescriptive provisions, code officials may use such provisions to review plan details. However, code officials more typically seek to ensure that overall quality of plans appears to be adequate. In practice, code officials tend to focus on the most obvious “life safety” issues, such as fire protection. Quality of plan review varies greatly. Code officials may be overloaded such that they have time to perform only cursory review. Whether code officials perform detailed plan review or not, the responsible design professionals remain completely responsible for quality of plans and specifications. Inadequate design plans can cause major problems during construction. BUILDING INSPECTION Building inspectors use plans and specifications to inspect construction work. However, similar to plan review, quality of inspection varies greatly. The public has the common misconception that municipal building inspectors “certify” every element of construction. In fact, building inspectors only perform limited inspections to determine that, in general, construction conforms with requirements of design plans. Whether building inspectors perform detailed inspections or not, the builder / contractor remains completely responsible for quality of construction. When design plans do not include necessary information, major problems can be expected. The inspector should insist that the builder obtain revised plans from the responsible design professional. However, in practice, inspectors generally “overlook” such deficient design and allow the builder to make design decisions to “fill in” the missing information. Major legal claims have resulted from this all-too-often practice. ENDGAME: CERTIFICATE OF OCCUPANCY After final inspections are performed, the responsible code official issues a “certificate of occupancy” which is required before anyone can occupy the building. Similar to other misconceptions about the role of code officials and inspectors, the public has the general misconception that issuance of a certification of occupancy means that code officials “approve” of the entire design and construction. Builders often use this misconception to divert attention from themselves when building defects are discovered. Essentially, the certification of occupancy means only that code officials have completed their responsibilities in accordance with state regulations. AFTER-THE-FACT PERMIT Many owners and contractors seek to avoid the permit process entirely. Saving cost of the permit fee is given as one reason. However, avoiding the need for design plans and the perceived “hassle” of inspections are usually much more important as reasons for skirting the building permit. Initial “savings” all-too-often end up costing owners much more in repair costs to fix defective construction. Lack of a building permit is often revealed during a real estate transaction. Owners can then be faced with significant cost to show what was built. In some cases, code officials may require partial or complete removal of interior finish materials to allow for inspection. Threat of fines (some quite high) may be used by code officials if the owner attempts to resist an order for an after-the-fact permit application. Sometimes, current owners were not aware that previous owners had performed construction without a permit. Current owners may then find themselves “on-the-hook” for obtaining an after-the-fact permit when they try to sell the house. For more articles by this author, go to Helium . John F Mann, PE Structural Support 1212 Main Street Belmar NJ 07719 732-556-6080 www.structural101.com
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Building Permits
nice threads here.