Permits, Codes, Licenses -- and WHY YOU SHOULD CARE!
Posted: Thu Sep 29, 2005 1:26 am
I decided I would start a new thread on the generic topic of building permits, building codes, home occupation permits/licenses, etc., and the importance of these items as they pertain to building studios. Over the last several months I've become a more vocal proponent of "going by the book," so this thread will hopefully become a good place to direct people.
First off, I'm not a building code expert. I don't even consider myself particularly knowledgeable about code. I'm therefore hoping this thread doesn't turn into a general code Q&A.
First off, I'm not a building code expert. I don't even consider myself particularly knowledgeable about code. I'm therefore hoping this thread doesn't turn into a general code Q&A.
- What are building codes?
- Building codes are laws and ordinances that dictate how buildings are to be constructed, typically with an emphasis on safety, strength, and maintenance requirements. They are typically divided into various parts: building code, electrical code, mechanical code, fire code, etc.
There are several publishers of code. For example, there's International Residential Code (IRC), Universal Building Code (UBC), and California Building Code (CBC, which is a derivative of UBC using the same numbering system). Here in the US, codes vary from place to place. For example, my city has adopted the California codes from 2001. It is your responsibility to determine what building codes apply to you in your municipality.
Building codes change over time. In general, they become more restrictive. If your house was built fifty years ago, then whatever building codes were in effect at that time applied at that time. However, any new construction you do today will need to meet code in effect today. You're usually not obligated to bring old construction up to current code, but sometimes certain construction activities will cause you to have to "step up" to new code. For example, in my city, any construction requiring a permit also requires smoke detectors to be installed in sleeping rooms, even if sleeping rooms are not involved in the construction.
Which leads me to my next topic...
- A building permit is a document issued by your municipal building department that represents permission to build something. One obtains a building permit by completing an application, paying a fee, and submitting plans to the building department. The plans are checked for code compliance.
Sometimes the planning division is consulted to verify that the work being proposed is an acceptable fit for the surrounding area. Often there are local ordiances that govern what kinds of facilities can be built in a particular area -- zoning, districts, planned community standards, etc.
Once a permit is granted, construction can legally begin. However, at various phases in the construction, inspections are required to verify that code is being followed. Common inspections include concrete slab forms, subfloor, framing and rough electrical (often combined), insulation, roof, and final. Not all permits require all inspections -- it depends on the nature of the work being done. Inspections typically involve a fee.
Just because a permit is issued does not guarantee that the plan will meet code. The plan checker is responsible for verifying that the plans will meet code, but violations can be missed or may be too vague in the drawings to detect. It is your responsibility to make sure code is followed during construction so that you'll pass your inspections. Otherwise you may have to redo some of your work in order to pass your inspection and move to the next phase of construction.
- Ask your local building department. You'll likely learn that there are severe penalties for building without a permit. For example, my city levies a fine of four times the permit fee, plus they can order complete demolition of the work, since they had no opportunity to verify compliance with code.
- No. Suppose there's a fire. Your insurance company may refuse to pay the claim because of the unpermitted construction, especially if it can be asserted that your didn't follow code. Even if your construction didn't cause the fire, it may have contributed by allowing it to spread faster. Besides -- any evidence that you did things correctly may be destroyed by the fire.
The scenario is much more grim if you consider the possibility of injury or loss of life.
- Noise ordinances are laws that govern the types, intensities, and other considerations of allowable noise levels in a community. They vary widely from place to place. Many municipalities have a "two-prong" approach to noise regulations:
- An objective standard may specify the number of decibels allowed at various times of day and for specific durations. It's a "pass/fail" system that would require code/law enforcement officials to have instruments to verify compliance.
- A subjective standard may use such language as "reasonable and necessary" as defined by "persons of normal sensitiveness." Such "wishy-washy" language is generally easier to enforce and harder to defend against.
- A home occupation permit is sometimes required by local governments for any home-operated business. If you plan to charge money for services provided at your home, you have a business, and you may be required to have a home occupation permit in addition to a regular business license.
Home occupation permits govern what kinds of businesses are allowed in your neighborhood. For example, if you are freelance writer, that's probably allowed, but setting up a print shop in your garage with two full-time employees is probably not.
Home occupation permits typically restrict how many customers can visit you in your place of business, when deliveries can be made, etc.
- Building codes are laws and ordinances that dictate how buildings are to be constructed, typically with an emphasis on safety, strength, and maintenance requirements. They are typically divided into various parts: building code, electrical code, mechanical code, fire code, etc.