What does the Code say about Permits ?
The Code writes about Permits in its first chapter of the 2012 IRC. Basically, a Permit is a set of documents that is signed by both the applicant and a designated Building Official that grants permission by a legal jurisdiction for certain acts of construction on a piece of property. Almost every time I draw something, that item is used in the pursuit of a Permit. What it takes to obtain a Permit is ultimately up to the Department of Building Safety or as I usually refer to them as the “Building Department”. Most towns and cities have this department. And for those towns and cities that do not, the Permit process is handled by either the County government or a State level agency. Projects that are not within a city or town usually have their Permits administered by the County government.
A Permit also establishes a schedule of inspections. Those required inspections are usually carried out by a building official or someone they designate. The Permit is considered fulfilled once all of the required inspections are completed and the Department of Building Safety can issue a Certificate of Occupancy giving the owner the permission to use what was constructed. In order for a Certificate of Occupancy to be issued or a Permit to be considered fulfilled, all of the inspections must show approval of what they cover. Or the construction needs to be corrected until it does.
A Permit also declares a benchmark of value of the work being done. And that value is then subject to taxes and fees to be collected by the jurisdiction at the time the Permit is issued. I have seen projects of similar value done in different jurisdictions have incredibly different fees and taxes. So, be prepared and find out ahead what is expected before you apply.
A Permit, according to the 2012 IRC Code, is at a minimum an application signed by the person seeking the Permit. The application includes a form to describe what is intended to be done. It also is to include at minimum two sets of drawings that establish in a graphic form what is going to be done, and that the construction and demolitions shall conform with all applicable Codes laws and regulations. The application needs to describe the address or a legal description of the property being worked on. It also needs to list the use and occupancy where the work is being done.
The construction documents in the permit application are to consist at a minimum by the Code; two sets of drawings on media approved by the Building Official that show sufficient clarity of what is going to be done under the Permit. The 2012 IRC allows the Building Official to require on the drawings the identification of all braced wall lines. Those details are to show the methods and placement of all braced wall panels and the interaction between foundations and the panels.
The construction documents must include unless waived by the Building Official, a site or plot plan showing the location and size of all existing structures, the limits of any demolition and the size and location of new construction. If the work is being done within a “flood hazard area”, then information describing the location and limits of the hazard, the elevation of the lowest floor level and height of that level as compared with the highest adjacent grade are to be shown.
It is interesting that the Building Official of a Department of Building Safety may determine if work to be done can be accomplished in a manner inconsistent, but in keeping with the intent and purpose with the letter of the Code. They can review and determine what unique construction methods that are not covered by the Code are acceptable. But that person can not modify any provisions that are affected by a flood hazard area. Those provisions in the Code can only be modified by a designated Board of Appeals.
The 2012 IRC requires that all manufacturer’s installation instructions for items, the approved set of construction documents and the Permit itself must remain at the site of the work involved so that the building official and inspectors they designate may review those items at the site for compliance.
Not everything in construction needs a Permit. The 2012 IRC lists those construction activities that do not need a Permit. However, even though a Permit is not required, the activity and end result still must comply with the Code, and any other laws and regulations associated with it. For a complete list of what is not required for a Permit, you need to contact the Building Official for that list. The 2012 IRC lists things such as storage sheds not needing a permit if they are less then 200 square feet in area. Unattached free standing decks less then 30 inches high with no entrance into the residence and with less then 200 square feet of floor area can be built without a Permit. Certain types of playhouses do not need a Permit. Short retaining walls that are less then 4 feet tall from bottom of footing to the top of the wall don’t need a Permit. Sidewalks and driveways, certain types of water tanks, prefabricated swimming tanks under two feet deep and playground equipment usually don’t require a permit. Interior finishes such as painting, tiling, carpeting and installing of cabinets don’t need a permit. And certain minor mechanical, electrical and gas related work may be done without a formal Permit. Again, each jurisdiction can modify the list shown in the Code and so one should always consult with the Building Official to make certain that the work desired is not requiring a Permit.
Permits are required to be secured before work is begun. However, the Code allows emergency repairs, that normally require a permit, can be initiated as long as the application is made on the next business day for the Building Official. A Permit can be issued as described within the 2012 IRC for a foundation only, if the rest of the residence documents are not ready for application. The Code states that the applicant applies for a “Foundation Only Permit” and initiates work at their own risk, since the issuing of that Permit does not imply the acceptance of the rest of the work as approved for a Permit.
A word to the wise here, is that when it comes to permits, communication with the Building Official about their particular requirements will make this process easier then it can sound.
Gary Miller
Principal and Architectural Designer,
Timbertree and Stonecastle Designs, LLC