Building Construction and Safety Code Download
Chapter 1 Administration
1.1* Scope.1.1.1 General. The Code addresses those construction, protec¬tion, and occupancy features necessary to minimize danger to life and property.
1.1.2 Code Tide. The provisions of this document shall constitute and be known as NFPA 5000, hereinafter referred to as “this Code” or “the Code.”
1.2* Purpose. The purpose of the Code is to provide mini¬mum design regulations to safeguard life, health, property, and public welfare and to minimize injuries by regulating and controlling the permitting, design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the jurisdiction and certain equipment specifically regulated herein.
1.3.1 Buildings and Structures. The provisions of the Code shall apply to the construction, alteration, repair, equipment, use and occupancy, maintenance, relocation, and demolition of every building or structure, or any appurtenances connected or attached to such buildings or structures within the jurisdic¬tion.
1.3.2 References to Requirements of Other Codes or Standards. Where the requirements of a referenced code or standard differ from the requirements of this Code, the requirements of this Code shall govern.
1.3.3 Moved Buildings and Structures. NFPA 5000 , The provisions of the Code shall apply to buildings and structures moved into or within the jurisdiction.
1.3.4 Existing Buildings and Structures.
NFPA 5000 , The provisions of this Code shall apply to existing buildings where any one of the following conditions applies:
(1) A change of use or occupancy classification occurs.
(2) A repair, renovation, modification, reconstruction, or an addition is made.
(3) The building or structure is relocated.
(4) The building is considered damaged, unsafe, or a fire hazard.
(5) A property line that affects compliance with any provision of this Code is created or relocated.
1.4 Retroactivity. (Reserved)
1.5.1 General. Nothing in this Code shall prohibit methods of construction, materials, and designs not specifically prescribed in this Code where equivalent alternatives are approved by the authority having jurisdiction (AHJ).
1.5.2 Approval of Alternatives. Alternative systems, methods, or devices approved as equivalent by the authority having juris¬diction shall be recognized as being in compliance with this Code.
18.104.22.168 NFPA 5000 , Whenever the authority having jurisdiction determines that there is insufficient evidence of proof of equivalency with the prescribed requirements of this Code, the authority having jurisdiction shall be authorized to require tests showing proof of equivalency.
22.214.171.124 Tests required by the authority having jurisdiction shall be provided by the owner at no expense to the jurisdiction.
126.96.36.199 Tests shall be conducted as specified in this Code or, where test methods are not specified in this Code, they shall be conducted as required by the authority having jurisdiction.
1.5.4 Approval. The authority having jurisdiction shall deter¬mine whether the proposed alternate methods of construction, materials, and designs are at least equivalent to the prescribed requirements of this Code.
1.6 Units, NFPA 500 .
1.6.1 SI Units. Metric units in this Code are in accordance with the modernized metric system known as the International System of Units (SI).
1.6.2 Primary Values. The inch-pound value for a measure¬ment, and the SI value given in parentheses, shall each be acceptable for use as primary units for satisfying the require¬ments of this Code.
188.8.131.52 Creation of Department of Building and Safety.
NFPA 5000 , there is hereby created in the jurisdiction a department of building and safety that shall be under the control of the director of building and safety, who shall be the authority having jurisdiction.
184.108.40.206 Delegation of Authority.
The authority having jurisdic¬tion is hereby empowered to delegate authority and assign¬ments to subordinate employees. Such employees shall have the authority to carry out duties and assignments, as delegated by the authority having jurisdiction.
220.127.116.11 Right of Entry.
Whenever it is necessary to make an inspection to enforce any of the provisions of this Code, or whenever the authority having jurisdiction has reason to believe that there exists in any building, or upon any premises, a condition that makes such building or premises unsafe, as specified by 18.104.22.168.1.1, the authority having jurisdiction shall be authorized to enter such building or premises at reasonable times to inspect the same, or to perform any duty imposed on the authority having jurisdiction by this Code, under the follow¬ing conditions:
(1) The authority having jurisdiction shall first present proper credentials and request entry in NFPA 5000 .
(2) In the event that entry is refused, or the person author¬ized to grant entry is unavailable, the authority having jurisdiction shall have recourse to remedy provided by law to secure entry.
22.214.171.124 Concealed Work. The authority having jurisdiction is hereby authorized to order parts of any building or structure to be exposed for inspection when the building or part thereof is in an unsafe or a dangerous condition, when there is wilful or negligent concealment of a violation of this Code, or when work subject to a required inspection has been covered prior to the required inspection. All costs incurred in making concealed work available for inspection shall be borne by the owner of the building or structure.
1.7.2 Approvals by Other Regulatory Agencies. The authority having jurisdiction shall have the authority to require that the laws, rules, and regulations of other regulatory agencies having jurisdiction are met before a building permit is issued to an applicant.
126.96.36.199 The authority having jurisdiction shall have the authority to require evidence in writing to show that other regulatory agencies having jurisdiction over the design, construction, alteration, repair, equipment, maintenance, demolition, and relocation of buildings and structures in the jurisdiction have approved the proposed construction.
188.8.131.52 NFPA 5000 The authority having jurisdiction shall not be held responsible for enforcement of the regulations of the regula-tory agencies specified in 184.108.40.206, unless authorized to enforce the regulations of such an agency.
1.7.3 Board of Appeals.
220.127.116.11 Creation of Board of Appeals.
18.104.22.168.1 There is hereby established a board of appeals, consisting of at least five members, qualified by training and experience to rule on matters relating to building, who shall be appointed by the jurisdiction. The board shall select one of its members to serve as chair, and the authority havingjurisdiction shall be an ex officio member without vote and shall act as secretary to the board.
22.214.171.124.2 Whenever the authority havingjurisdiction rejects or refuses to approve the manner of proposed construction or the suitability of alternative materials and methods of construction, the owner of such building or structure or a duly authorized agent shall be permitted to request an appeal from the deci¬sion of the authority havingjurisdiction by means of the board of appeals.
126.96.36.199 Term of Office. The jurisdiction shall appoint one member of the board of appeals for a term of 1 year, two members for a term of 2 years, and two members for a term of 3 years, and, thereafter, they shall be appointed for a term of 3 years. The authority shall fill vacancies for an unexpired term.
188.8.131.52 Quorum. Two-thirds, but not less than four members, of the board of appeals shall constitute a quorum. In varying the application of any provision of this Code, or in modifying an order of the authority havingjurisdiction, a majority vote of the members present shall be required.
184.108.40.206 Meetings and Records. Meetings of the board shall be held at the call of the chair and at such other times as the board determines. All hearings before the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member on every question, or if the member is absent or fails to vote, indicating such actions. The board shall also keep records of its examinations and other official actions. Minutes and records of the board shall be public records.
220.127.116.11 Procedures. NFPA 5000, the board shall establish rules and regulations for its own procedures consistent with the provisions of this Code and applicable laws and statutes.
18.104.22.168 Appeals. An appeal of a decision shall be filed within 30 days from the date of the decision being appealed by filing with the authority having jurisdiction and the board of appeals a notice of appeal, specifying the grounds thereof. In the case of a building or structure that, in the opinion of the authority having jurisdiction, is unsafe or dangerous, the authority havingjurisdiction shall be permitted to limit the time for such appeal to a shorter period. The authority having jurisdiction shall transmit to the board all the papers relating to the appeal and shall schedule a public hearing thereon.
22.214.171.124 Authority of the Board.
126.96.36.199.1 The board of appeals shall provide for reasonable interpretation of the provisions of this Code and rule on appeals from decisions of the authority havingjurisdiction. The ruling of the appeals board shall ensure that the intent of the Code is complied with and public safety is secured.
188.8.131.52.2 The board shall be permitted to grant modifications through the procedures outlined for equivalency in Section 1.5.
184.108.40.206.3 A decision of the board to modify an order of the authority havingjurisdiction shall be in writing and shall spec¬ify the manner in which such modification is made, the condi¬tions upon which it is made, and the reasons therefor.
220.127.116.11.1 Every decision of the board shall be entered in the minutes of the board meeting. Every decision shall be promptly filed in the office of the authority having jurisdiction and shall be open for public inspection. A certified copy shall be sent by mail or messenger to the appellant, and a copy shall be publicly posted in the office of the authority having jurisdiction for 2 weeks after filing. The decision of the board shall be final, subject to such remedy as any aggrieved party might have through legal, equity, or other avenues of appeal or petition.
18.104.22.168.2 If a decision of the board reverses or modifies a refusal, order, or disallowance of the authority having jurisdic¬tion, or varies the application of any provision of this Code, the authority having jurisdiction shall take action immediately in accordance with such decision.
22.214.171.124 NFPA 5000, any officer, employee, or member of the board of appeals charged with the enforcement or interpretation of this Code, acting for the applicable governing body in the discharge of his/her duties, shall not thereby render himself/herself personally liable. Further, all such persons shall be relieved from all personal liability for any damage they accrue to persons or property as a result of any act required or permitted in the discharge of their duties. Any suit brought against any officer or employee because of such act performed in the course of enforcement of any provision of this Code shall be defended by the legal counsel of the jurisdiction until the termination of the proceedings.
126.96.36.199 This Code shall not be construed to relieve the respon¬sibility of or to lessen the responsibility of, any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects. Further, the Code enforcement agency or its parent jurisdiction shall not be held as assuming any such liability by reason of the inspections authorized by this Code or any permits or certificates issued under this Code.
1.7.5 Compliance of Buildings and Structures.
188.8.131.52 Alterations or Change of Occupancy Classification.
NFPA 5000, Alterations or change of occupancy classification shall be in accordance with Chapter 15.
184.108.40.206 Maintenance of Buildings and Property.
220.127.116.11.1 Buildings. The requirements contained in this Code for maintenance of buildings shall apply to all buildings and structures in existence on the date of enactment of this Code and those hereafter erected. All buildings and structures, and all parts thereof, shall be maintained in a safe condition, and all devices and safeguards required by this Code shall be main¬tained in operating condition. NFPA 5000 , The requirements of this para¬graph shall not be construed as permitting the removal or nonmaintenance of existing devices or safeguards, unless authorized by the authority having jurisdiction.
18.104.22.168.2 Existing Installations.
NFPA 5000, buildings in existence at the time of the adoption of this Code shall be permitted to have their existing use or occupancy continued if such use or occu¬pancy was legal at the time of the adoption of this Code, provi¬ded that such continued use is not deemed an unsafe building or fire hazard.
22.214.171.124 Unsafe Buildings and Fire Hazards.
126.96.36.199.1.1 NFPA 5000, description of Unsafe Building. All buildings that are, or that hereafter become, characterized by the following shall be considered unsafe buildings:
(1) Existence of unsanitary conditions
(2) Deficiency in means of egress
(3) Hazard from fire or natural or man-made threats
(4) Dangers to human life or public welfare by reason of ille¬gal or improper use, occupancy, or maintenance
(5) Noncompliance with the provisions of codes applicable at time of construction
(6) Significant damage by fire or explosion or other natural or man-made cause
(7) Incomplete buildings for which building permits have expired or been revoked, excluding partially completed buildings with valid certificates of occupancy
(8) Falling away, hanging loose, or loosening of any siding, block, or other building material, appurtenance, or part thereof of a building
(9) Existence of unsanitary conditions by reason of inade¬quate or malfunctioning sanitary facilities or waste disposal systems
(10)* Existence of structurally unsafe conditions
188.8.131.52.1.2 Description of Building as a Fire Hazard. A build¬ing shall be deemed to be a fire hazard and unsafe under the following conditions:
(1) When vacant and unguarded and open to unauthorized entry at door or window
(2) When there is an accumulation of combustible dust, debris, or materials therein deemed to be a hazard by the authority having jurisdiction
(3) When the building does not provide the exits or fire protection required herein for the most recent occu¬pancy
(4) When electrical or mechanical installations or systems create a hazardous condition
184.108.40.206.2 Authority of the Authority Having Jurisdiction Regarding Unsafe Buildings or Buildings That Are a Fire Hazard. All buildings deemed to be unsafe or to be a fire hazard by the authority having jurisdiction, based on 220.127.116.11.1, are hereby declared to be public nuisances and shall be demol¬ished and removed from the premises concerned or shall be made safe and sanitary in accordance with Chapter 15 of this Code.
18.104.22.168.3 Inspection of Unsafe Buildings.
NFPA 5000 , he authority having jurisdiction, on his/her own initiative, or as a result of reports filed with the department of building and safety, shall examine or cause to be examined every building appearing to be or reported to be unsafe, and, if such is found to be an unsafe building as defined in 22.214.171.124.1.1, the authority having jurisdiction shall post on the property on which the building is located and shall furnish the owner of such building with a written notice of violation. The manner of posting and furnish¬ing written notice shall be as provided in 126.96.36.199.4 and 188.8.131.52.5, inclusive.
184.108.40.206.4 Notice of Violation. At least 14 days prior to posting a noncomplying building, the authority having jurisdiction shall give the owner of the premises written notice by certified mail, addressed to the owner’s last known address. If proof of service by certified mail is not completed by signed return receipt, a copy of the written notice shall be affixed to the structure concerned, and such procedure shall be considered proper service, and the time for compliance stipulated in the notice shall commence with the date on which such notice is so affixed. This written notice shall state the defects that consti¬tute a violation of this Code and prescribe the action to be taken by the owner of the building to comply with the Code, and the time within which compliance must be accomplished. Such time shall be reasonable under the circumstances of the case and shall be subject to reasonable extension, when requested in writing, for reasons that the authority having jurisdiction considers as justifying an extension of time. All extensions of time shall be by written approval of the authority having juris¬diction. In addition, this written notice shall explain the right of appeal of the decision of the authority having jurisdiction to the board of appeals and shall state that, unless there is compli¬ance with the instructions in the notice of violation or an appeal is filed, a public hearing before the board of appeals will be initiated by the authority having jurisdiction after the time period for compliance has expired.
220.127.116.11.5 Recording of Notice of Violation.
18.104.22.168.5.1 If the owner of the property has not complied with the requirements as stated in the notice of violation within the time specified, the authority having jurisdiction shall file an appropriate instrument in the office of the clerk of the circuit court, to be recorded in the public records of the jurisdiction in which the violation occurred, indicating that violations of this Code, and of 22.214.171.124.4 thereof, exist upon the property involved.
126.96.36.199.5.2 The recording of the notice of violation shall constitute legal notice to all concerned, as well as to any subse¬quent purchasers, transferees, grantees, mortgagees, lessees, and all persons claiming or acquiring interest in the property.
188.8.131.52.5.3 NFPA 5000, when the violation specified in the notice of viola¬tion has been corrected and the filing fees incurred have been paid, the authority having jurisdiction shall file a certificate attesting that the violation has been corrected.
184.108.40.206.6 Posting Notice of Violation. The authority having jurisdiction shall post a signed notice in a conspicuous location on the building that has been determined to be unsafe, but not before 14 days after the notice of violation provided in 220.127.116.11.4 has been served. The posted notice shall be dated and shall read as follows:
WARNING: UNSAFE BUILDING
This building is unsafe based on the provisions of 18.104.22.168 of NFPA 5000.
This building shall be vacated and shall not be occupied.
NFPA 5000 , Action to repair or remove this building shall be taken by the owner as prescribed by written notice previously served.
22.214.171.124.7 Emergency Acdon.
126.96.36.199.7.1 When, in the opinion of the authority having juris¬diction, an imminent danger exists, the authority having juris¬diction shall be authorized to order the occupants to vacate, or temporarily close for use or occupancy, the rights-of-way, side¬walks, streets, or adjacent buildings or nearby areas. The authority having jurisdiction shall have the authority to insti¬tute such other temporary safeguards as deemed necessary. The authority having jurisdiction shall be authorized to employ the necessary labor and materials to perform the required work. The authority having jurisdiction shall promptly notify the local emergency services of buildings posted as unsafe and ordered to be vacated. The authority having jurisdiction shall also notify the emergency services when unsafe conditions have been remedied and the building is safe for occupancy and use.
188.8.131.52.7.2 Gosts incurred in the performance of emergency work shall be paid by the governmental authority having juris¬diction. Upon recording in the public records of the county in which such emergency work was completed, a certificate, executed by the authority having jurisdiction, certifying the amount expended and the reasons therefor shall be issued, and the cost shall become a lien against the property on which such emergency work was required.
184.108.40.206.8 Appeal and Review. NFPA 5000, the owner of, or anyone having an interest in, a building that has been determined to be unsafe, concerning which a notice of violation has been served by the authority having jurisdiction as stated in the notice of violation, shall be permitted to appeal to the board of appeals, and such appeal shall be filed in accordance with the provi¬sions of 220.127.116.11 and 18.104.22.168 prior to the expiration of the time allowed for compliance specified in such notice. In no case shall the appeal period be less than 15 days.
1.7.6 Building Permits, Construction Documents, and Inspec¬tions.
22.214.171.124 Permits. 126.96.36.199.1 Permits Required.
188.8.131.52.1.1 No person, firm, or corporation shall move a prop¬erty line that affects an existing structure or erect, construct, enlarge, alter, repair, relocate, improve, convert, or demolish any building, structure, or part thereof in the jurisdiction, or cause the same to be done, without first obtaining from the authority having jurisdiction a separate building permit for the work to be accomplished for each such building, structure, or temporary structure. Permits shall not be required for the following:
(1) Painting, papering, tiling, and carpeting, and cabinets, countertops, and similar finish work
(2) Temporary motion picture, television, and theater stage sets and scene ry
(3) Window awnings supported by an exterior wall for one- and two-family residential use
(4) One-story detached accessory structures used as tool and storage sheds or playhouses or for other similar uses, provided that the floor area does not exceed 120 ft2 (11.1 m2)
(5) Fences not over 6 ft (1830 mm) high
(6) Movable cases, counters, and partitions not over 6 ft (1830 mm) high
184.108.40.206.1.2 Permits shall be required for plumbing, air- conditioning, heating, and ventilating systems; elevators, escala-tors, and transporting assemblies; and gas, sprinkler, roofing, electrical, and show/ride installations.
220.127.116.11.1.3 NFPA 5000 , Special building permits for temporary structures placed in flood hazard areas shall comply with Section 39.15.
18.104.22.168.1.4 A previously issued lawful permit shall he valid on the terms of the Code under which it was issued, provided that no such permit shall be subject to the limitations specified in 22.214.171.124.
126.96.36.199.1.5 A special building permit that remains in effect for a limited time shall be obtained before the erection of tempo¬rary structures such as construction sheds, seats, canopies, tents, and fences used in construction work or for temporary purposes such as reviewing stands. Temporary structures shall be completely removed upon the expiration of the time limit stated in the permit.
188.8.131.52.2 Other Jurisdictions. Permits required for work to be accomplished under the jurisdiction of other departments shall be issued only on presentation of written proof of compliance with 1.7.2 of this Code.
184.108.40.206.1 Application Requirements. To obtain a permit, the applicant shall first file an application therefor in writing on a form supplied for that purpose by the department of building and safety. Such application shall include the following:
(1) Identification and description of the work to be covered by the permit for which application is made
(2) Description of the land on which the proposed work is to be done by lot, block, tract, and street address, or similar description that specifically identifies the location of the proposed building or work
(3) Indication of the use or occupancy of all parts of the building
(4) Construction documents as required in 220.127.116.11
(5) Valuation of the proposed work
(6) Signature of the permittee or his/her authorized agent
(7) Provision of other information as required by the author¬ity having jurisdiction
18.104.22.168.2 Surveyor’s Certificate Requirements. Application for permit for new construction and additions shall be accom¬panied by a registered land surveyor’s certificate and plan in duplicate on which shall be indicated clearly the following:
(1) Property corner stakes
(2) Property line dimensions
(3) Existing structures and their locations
(4) Existing rights-of-way
(7) Street zoning and property zoning of record
(8) Critical elevations and building setbacks required by law
(9) General block plan
(10) Other pertinent survey data
22.214.171.124.3 Waiver of Surveyor’s Certificate Requirement. The
authority having jurisdiction shall be granted authority to waive the requirements for the surveyor’s certificate when property line stakes are known to be in place and when the work contemplated is minor and is clearly within building lines.
126.96.36.199.4 Requirements for Relocation of Buildings. Applica¬tion for permit for relocating a building within the jurisdiction shall be submitted in the form that the authority having juris¬diction requests. The application shall be accompanied by plans or other data that, in the opinion of the authority having jurisdiction, are necessary to show compliance with this NFPA 5000 Code and the zoning and other regulations of the jurisdiction. A physical examination of the structure shall be made by the authority having jurisdiction before it issues a permit for reloca¬tion. (See also 188.8.131.52.)
184.108.40.206.5 NFPA 5000 requirements for Demolition of Buildings and Struc¬tures. Application for permits for the work of demolition of buildings or structures shall be accepted only from persons or firms qualified to do the work. The qualifications of persons or firms permitted to demolish a building or structure shall be in accordance with the requirements of the jurisdiction providing for qualification and certification of construction tradespeople.
220.127.116.11 Construction Documents.
18.104.22.168.1 Requirements for Construction Documents.
22.214.171.124.1.1 Each application for a permit shall be accompa¬nied by a minimum of two sets of construction documents and calculations when required by the authority having jurisdiction.
126.96.36.199.1.2 When compliance with this Code can be deter¬mined without the submittal or review of plans, specifications, and calculations, the authority having jurisdiction shall be permitted to issue a permit without construction documents and calculations being submitted for review.
188.8.131.52.1.3 The construction documents shall be prepared by a registered design professional where required by statutes of the jurisdiction in which the construction site is located.
184.108.40.206.1.4 Unless otherwise provided in 220.127.116.11.1.5, plans shall be drawn to scale, shall be identified by name of designer and owner on every sheet, and shall be mechanically repro¬duced prints on substantial paper or cloth. A plot plan shall show all occupied and unoccupied parts of the lot or lots and shall delineate the accessible route (s) between structures and features that are required to be accessible in accordance with Chapter 12 of this Code. The use, name, and occupancy of all parts of the building shall be shown, including all foundations, wall sections, floor plans, elevations, and structural details. Mechanical, plumbing, electrical, fire sprinkler, and fire alarm details shall be shown on the plans and represent the designs for those disciplines, along with such other information to show clearly the nature, character, and location of the proposed work.
18.104.22.168.1.5 NFPA 5000 For tenant improvements or building repairs, reno¬vations, modifications, or reconstruction in accordance with Chapter 15, plans shall be drawn to scale, shall be identified by name of designer and owner on every sheet, and shall be mechanically reproduced prints on substantial paper or cloth. The use, name, and occupancy of the work area shall be shown. Construction documents shall indicate the location, nature, and extent of the proposed work and shall show in detail that the proposed work will conform to the provisions of this Code.
22.214.171.124.1.6 NFPA 5000 Construction documents for all buildings shall indicate required smoke-resistant-rated and fire-resistance- rated construction and how the required structural integrity, fire resistance ratings, and smoke resistance will be maintained where a joint or penetration of a required fire- or smoke- resistant wall, floor, or partition will be made for electrical, gas, or mechanical work; plumbing and communications conduits; pipes; and systems. Construction documents shall also indicate in sufficient detail how the fire integrity will be maintained where required fire-resistant floors intersect the exterior walls.
126.96.36.199.1.7 NFPA 5000 The classification of fire-resistance-rated floor and roof construction shall be identified on the plans as restrained or unrestrained. Only where a registered design professional (RDP) has furnished documentation satisfactory to the author¬ity having jurisdiction verifying that the construction is restrained as specified in 188.8.131.52 shall the construction be considered restrained.
184.108.40.206.1.8 NFPA 5000 The construction documents and shop drawings submitted to the authority having jurisdiction shall contain sufficient detail for evaluation of the protected hazards and the effectiveness of the system. The shop drawings for the installa¬tion of fire protection systems shall be submitted for review and approval prior to the installation of a fire protection system.
220.127.116.11.1.9 NFPA 5000 For high-rise buildings, mall structures, and build¬ings containing atriums, the construction documents shall include a description of the fire protection systems in the build¬ing. This description shall include the basic concepts used for suppression, alarm, notification, egress, compartmentation, smoke control, and other related systems, as well as the coordi¬nation of these systems. Upon completion of the project, a copy of the approved documentation shall be maintained at the site.
18.104.22.168.2 Examination of Construction Documents.
22.214.171.124.2.1 The authority having jurisdiction shall examine all construction documents and applications for permits and amendments thereto for their compliance with this Code. If the applications or the construction documents do not conform to the requirements of this Code, the authority having jurisdiction shall reject such application for a building permit in writing, stating the reasons therefor. Construction documents that are rejected shall be returned for corrections. If, upon examina¬tion, the application and construction documents are found to comply with the requirements of this Code, the construction documents shall be signed by the authority having jurisdiction or its deputy and shall be stamped “approved.”
126.96.36.199.2.2 When practical difficulties are involved in carrying out the requirements of this Code, the authority having jurisdic¬tion shall be permitted to grant modifications for individual cases. Such permission shall require, first, a finding that a special individual reason makes strict compliance impractical and, second, that the modification is in conformance with the intent and purpose of the Code. Fire protection and structural integrity shall not be lessened.
188.8.131.52.3 Partial Approval.
184.108.40.206.3.1 Pending the completion of checking of construc¬tion documents, and on payment of the fee required, the authority having jurisdiction, at its discretion, shall be permit¬ted to authorize the issuance of a partial permit for site prepa¬ration, excavation, and construction; foundation, structural, or show/ride installations; or any combination thereof. The holder of such partial permit shall proceed at his/her own risk and without assurance that a completion permit will be gran¬ted.
220.127.116.11.3.2 Whenever there is a delay in approval of construc¬tion documents under special circumstances, the authority having jurisdiction shall be permitted to allow the builder to place tool sheds, materials, batterboards, and construction equipment on the site prior to actual construction, or to permit exploratory uncovering of concealed structural elements of existing buildings for design information, pending completion of construction documents for proposed alterations.
18.104.22.168.3.3 The construction documents for each phase shall be complete in themselves, so that review and inspection can properly be made. Preliminary plans of the total building shall be submitted with the construction documents, and with suffi¬cient detail, so that proper evaluation can be made. Areas and items not included in the phase to be permitted shall be shown as not included.
22.214.171.124.3.4 Deferred submittal of construction documents shall be approved by the authority having jurisdiction prior to the issuance of a building permit. The RDP for design shall identify all deferred submittals in writing with the application for permit. Construction documents for deferred submittal items shall be reviewed by the RDP for design for general conformance to the RDP’s design and then submitted to the authority having jurisdiction. Deferred submittal items shall not be installed until their performance requirements and construction documents have been approved by the authority havi ng jur i sdic tion.
126.96.36.199.4 Approved Construction Documents.
188.8.131.52.4.1 The authority having jurisdiction shall retain one set of the approved construction documents and calculations. The other set shall be kept at the building site, open to inspec¬tion at all times when the offices of the jurisdiction are open.
184.108.40.206.4.2 After permit issuance, all changes and deviations from the approved construction documents shall be submitted and approved by the authority having jurisdiction prior to implementing the changes on site.
220.127.116.11.4.3 Approved construction documents and amend¬ments thereto that are retained by the authority having jurisdic¬tion shall become public record, provided that they shall be considered as confidential records of their author, that they shall be open to the public only for inspection, and that the authority having jurisdiction shall permit bona fide owners or designers employed by such owners to inspect the construction documents when not available from their author. Upon written application, the authority having jurisdiction shall permit the construction documents to be copied by the owner in the event of the author’s death or the inability of the author to supply copies of the construction documents.
18.104.22.168.4.4 At the time a certificate of occupancy is issued, an updated set of construction documents shall be submitted, and a permit fee shall be paid to reflect increased costs.
22.214.171.124.5 Multitenant Buildings.
126.96.36.199.5.1 NFPA 5000, buildings that are to be completed in phases due to occupancy by tenants shall be permitted to be completed by the owner to a “rough-in” status. The individual tenant area shall then have a permit issued, and, upon completion of all work, a certificate of occupancy shall be issued for that area only. The authority having jurisdiction shall approve the certifi¬cate of occupancy by stages before starting construction and shall be permitted to require special conditions to provide safety during the completion.
188.8.131.52.5.2 Buildings that will later be occupied by multiple tenants (lessees) shall be permitted to have certain areas constructed to an unfinished rough-in condition without affect¬ing the certificate of occupancy issued for the finished portions of the buildings. Future construction to accommodate individ¬ual tenants shall be approved upon submittals of acceptable construction documents for permit purposes. Certificates of occupancy shall be granted on a case-by-case basis when Code compliance has been achieved.
184.108.40.206 Permit Fees.
220.127.116.11.1 Fee Requirements. NFPA 5000, any person requiring a building permit, in addition to filing an application therefor and before such permit is issued, shall pay such permit fee and plan check fee as required by the jurisdiction.
18.104.22.168.2 Basis of Permit Fee. The jurisdiction shall establish a fee schedule listing all applicable fees and the method of their calculation. The authority having jurisdiction shall be permitted to require an estimate of cost and other descriptive data as a basis for determining the permit fee.
22.214.171.124 Conditions of Permit.
126.96.36.199.1 Permit. When construction documents and applica¬tion for permit have been approved and the required fee has been paid, the authority having jurisdiction shall issue a permit for the work. With each permit, the authority having jurisdic¬tion shall issue a permit bearing the legal description of the property, the nature of the work being done, the names of the owner and builder or contractor, and other pertinent informa¬tion. The permit shall be posted and maintained in legible condition in a conspicuous place within the construction area during the entire time period the work authorized by the permit is in progress.
188.8.131.52.2 Compliance with the Code.
184.108.40.206.2.1 Issuing or granting of a permit or approval of construction documents by the authority having jurisdiction shall not be construed to be a permit for, or an approval of, any violations of any of the provisions of this Code. No permit presuming to give authority to violate or cancel any of the provisions of this Code shall be valid, except insofar as the performance of the work that it authorizes is lawful.
220.127.116.11.2.2 When construction documents have been approved, the issuance of a permit shall not prevent the authority having jurisdiction from thereafter requiring correc¬tion of errors in such construction documents, or from preventing building operations being carried on thereunder in violation of this Code or of any other regulations of the jurisdic¬tion applicable thereto. Compliance with this Code is the responsibility of the owner or his/her authorized agent.
18.104.22.168.3 Time Limitation.
22.214.171.124.3.1 Permits shall expire if the work authorized by such permit is not commenced within 6 months from the date of the permit, or, if after commencing, the work is suspended or aban¬doned for a period of 6 months at any time during construc¬tion operations. The authority having jurisdiction shall be permitted to extend such permit for a period of 90 days from the date of expiration if the work has not commenced, or for a period of 90 days from the date of the last recorded inspection if written application for such extension is received and approved by the authority having jurisdiction prior to the date of expiration of the initial permit, and provided that the proposed work complies with all requirements of the Code in effect at the time of such renewal.
126.96.36.199.3.2 A previously issued lawful permit shall be valid under the terms of the Code under which it was issued, provi¬ded that such permit shall be subject to the limitations speci¬fied in 188.8.131.52.3.
184.108.40.206.3.3 Before the work for which a building permit that has become void can be recommended, a new permit shall be required. The work for which the new permit is issued shall conform to the provisions of this Code at the time of reissuance of the permit. The fee shall be based on the amount of work remaining to be done.
220.127.116.11.1 Inspection Requirements.
18.104.22.168.1.1 Before issuing a permit, the authority having juris¬diction shall be permitted to inspect any building or structure for which an application has been received for a permit to enlarge, alter, repair, relocate, demolish, or change the occu¬pancy thereof. The authority having jurisdiction shall inspect all buildings and structures from time to time during the work for which a permit was issued and on completion of the work. The authority having jurisdiction shall cause to be kept a record of every inspection and of all violations of this Code and of the correction and disposition of such violations.
22.214.171.124.1.2 Before a permit for moving a building or structure within or into the jurisdiction is issued, the authority having jurisdiction shall be authorized to inspect such building or structure for the purpose of ascertaining that the building being relocated complies with the requirements of this Code and all other applicable laws or regulations of the jurisdiction.
126.96.36.199.1.3 NFPA 5000, all construction or work for which a permit is required shall be subject to mandatory inspections by the authority having jurisdiction, as prescribed in 188.8.131.52.3, and certain types of construction shall have quality assurance, as specified in Chapter 40. Prior to issuance of a certificate of occupancy, a final inspection shall be made by the authority having jurisdiction of all construction or work for which a permit has been issued.
184.108.40.206.1.4 NFPA 5000 When required by the authority having jurisdic¬tion, it shall make an inspection of materials or assemblies at the place of manufacture or fabrication. A record shall be maintained of every such inspection and of all violations of this Code noted during the inspection.
220.127.116.11.1.5 The authority having jurisdiction shall make or cause to be made the inspections required in 18.104.22.168.1. Written reports of inspectors employed by approved inspection services shall be permitted, provided that, after investigation, the authority having jurisdiction is satisfied as to the qualifications and reliability of the inspection service. Costs of such inspec¬tions shall be borne by the owner. No certificate called for by any of these requirements shall be based on such reports, unless the reports are in writing and are certified by the officer of the agency who made the inspection. Reports issued by inspection services engaged by the owner or the registered design professional of a building shall be promptly forwarded to the authority having jurisdiction for its information and records.
22.214.171.124.1.6 Work requiring a building permit shall not be commenced until the permit holder or the holder’s agent shall have posted the building permit in accordance with the requirements of 126.96.36.199.1. This permit shall be maintained in such position by the permit holder until the certificate of occu¬pancy has been issued by the authority having jurisdiction.
188.8.131.52.2 Inspection of Structural Units. Where a building or part thereof is a structural unit, the integral parts of which have been built or assembled prior to incorporation into the build¬ing, such building or part thereof shall conform to the require¬ments of this Code. Inspections shall be made by the authority having jurisdiction as required in this Code for the materials and types of construction used in the prefabricated assemblies. The inspection shall be permitted to be waived during prefabri- cation if the approved agency certifies to the compliance of the construction with this Code and supplies evidence of such compliance in writing by an RDP or an approved agency or laboratory.
184.108.40.206.3 Mandatory Inspections.
220.127.116.11.3.1 Work requiring mandatory inspections shall not be covered or concealed in any manner without first obtaining the approval of the authority havingjurisdiction.
18.104.22.168.3.2 Work shall not be done on any part of a building or structure beyond the stage of work indicated in each of the successive mandatory inspections until inspection has been completed and written approval has been given by the author¬ity havingjurisdiction or its deputy.
22.214.171.124.3.3 The permit holder or permit holder’s agent shall notify the authority having jurisdiction of the time when a given stage of construction will be ready for inspection. The authority having jurisdiction shall then make such called inspection and other inspection as necessary, and it either shall approve in writing that stage of the construction as completed or shall notify the permit holder or permit holder’s agent specifically wherein the work fails to comply with the provisions of this Code.
126.96.36.199.3.4 Inspections shall be conducted for each building element as described in 188.8.131.52.3.4(A) through 184.108.40.206.3.4(P).
(A) Foundations. Inspections for foundations shall be conduc¬ted when the excavation for footings is complete, and when footing forms and when required anchorage and reinforcing steel are in place, but before concrete is placed.
(B) Reinforcing Steel. Inspections of reinforcing steel shall take place before the concrete is placed.
(C) * Lowest Floor. Inspections for the lowest floor for build¬ings and structures located wholly or partly within the flood hazard area established by 39.4.2 shall be made after the lowest floor level is set. No further vertical construction shall take place until the lowest floor inspection has been completed and the lowest floor elevation has been approved by the authority having jurisdiction. An elevation certificate identifying the lowest floor elevation, as required by 220.127.116.11.3 or 18.104.22.168.3, shall be submitted to the authority havingjurisdiction immedi¬ately after the floor level is set. The lowest floor inspection shall be in addition to other flood-related special inspections in 22.214.171.124.3.4(N) (5).
(D) Framing. Inspections for framing shall be made at each floor level after all floor, wall, roof framing, and fire blocking are complete, after welds and clip connections are made, and after all pipes, chimneys, vents, ductwork, rough plumbing, and rough electrical work are in place.
(E) Insulation. Inspections for insulation shall be made before lathing, wallboard, or other finishes are applied.
(F) Lathing and Wallboard. Inspections for lathing and wall- board shall be conducted when supports, backing, lath, or wall- board, or any combination thereof, are in place and ready for plaster and other finish work, and all plastering materials are delivered on the job, but before any finish is applied and before wallboard joints and fasteners are taped and finished.
(G) Roofing. Inspections for roofing shall be conducted after the anchor sheet(s) is on and secured and before the installa¬tion of capsheet or other finish course.
(H) Masonry. Inspections for masonry shall be conducted after units are set and reinforcing steel is placed and prior to grouting.
(İ) Structural Steel. Inspections for structural steel shall be conducted when structural steel members and required connections are complete, but before concealing any members or connections.
(J) Electrical Systems. Inspections for electrical systems shall be made in accordance with the requirements of Chapter 52.
(K) Mechanical Systems. Inspections for mechanical systems shall be made in accordance with the requirements of Chap¬ter 50.
(L) Plumbing Systems. NFPA 5000, inspections for plumbing systems shall be made in accordance with the requirements of Chapter 53.
(M) Fire Protection Systems. Inspections for fire protection systems shall be in accordance with applicable standards.
(N) Special Inspections. Special inspections shall be made immediately after completion and at such intervals during the progress of the work as required by the authority havingjuris¬diction and as follows:
(1) Inspections for elevators and conveying systems shall be made in accordance with the requirements of ASME A17.1/CSA B44, Safety Code for Elevators and Escalators; ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairliftsr, and ASME B20.1, Safety Standard for Conveyors and Related Equipment.
(2) Inspections for swimming pools shall be made in accord¬ance with the requirements of this Code.
(3) Inspections for signs shall be made in accordance with the requirements of this Code.
(4) Inspections shall be made to confirm that stairways, except those used in the means of escape, comply with 126.96.36.199.5 and 188.8.131.52.6 of this Code before the installa¬tion of carpeting and after the installation of carpeting, provided that measurements made after the installation of carpeting are made to the uncompressed walking surface of the carpet.
(5) For buildings and structures located wholly or partly within the flood hazard area established by 39.4.2, the following criteria shall be met:
(a) Inspections shall be made to determine the lowest elevation of machinery and equipment servicing the building, adjacent grade elevations, and flood- opening information.
(b) An elevation certificate identifying the information specified in 184.108.40.206.3.4(N) (5) (a), as required by 220.127.116.11.3 or 18.104.22.168.3, shall be submitted to the authority having jurisdiction before a certificate of occupancy is issued.
(O) Other Inspections. Other inspections shall be permitted. Prefabricated assemblies shall be permitted to be inspected at the place of manufacture.
(P) Final Inspection. A final inspection shall be made when the building or structure is completed and is ready for use or occupancy.
22.214.171.124.3.5 Requests for final inspections shall be made to the office of the authority having jurisdiction, and a reasonable time shall be allowed for such inspection to be made. Rejection or refusal to approve the work for reasons of incompleteness, violation of the provisions of this Code, or inadequacy of the construction shall nullify the request for final inspection. The work shall be made to comply with the Code, and the request for inspection shall be repeated as required herein.
126.96.36.199.4 Inspection Reports. The authority having jurisdic¬tion shall keep a record of all inspections made, results, plans filed, surveys made, and certificates of occupancy issued.
188.8.131.52 Certificate of Occupancy.
184.108.40.206.1 Certificate Requirements.
220.127.116.11.1.1 No building hereafter erected, altered, enlarged, or relocated, or for which a change of occupancy has been made, shall be used in whole or in part until a certificate of occupancy has been issued by the authority having jurisdiction certifying that the building and occupancy are in accordance with the provisions of this Code and all other laws and regula¬tions applying thereto. When the building or part thereof complies with the provisions of all pertinent laws and regula¬tions, the authority having jurisdiction shall issue the certificate of occupancy for the building or part thereof. A certificate of occupancy for places of assembly shall indicate thereon, and make record of, the number of persons for whom such certifi¬cate is issued. In all manufacturing, commercial, storage, or warehouse occupancies, the design live loads shall be plainly posted.
18.104.22.168.1.2 When, in the opinion of the authority having juris¬diction, any building rehabilitated, altered, or enlarged, or any combination thereof, is in compliance with this Code, the owner shall be issued a certificate of compliance affirming substantial compliance with the requirements of this Code in lieu of a certificate of occupancy.
22.214.171.124.2 Existing Occupancy. The authorized occupancy of any structure existing on the date of adoption of this Code shall be permitted to continue without change, except as is specifi¬cally covered in this Code or as is deemed necessary by the authority having jurisdiction for the general safety and welfare of the occupants and public.
126.96.36.199.3 Temporary Certificate of Occupancy. A temporary certificate of occupancy shall be permitted to be issued by the authority having jurisdiction for the use of parts of a building prior to completion of the entire building.
188.8.131.52.4 Connection of Services. It shall be unlawful for a public service corporation or agency to begin utility service to a building or structure, including temporary service for use during building construction or testing operations, until such connection of service has been approved by the authority having jurisdiction.
184.108.40.206.5 Conditions of Certificate of Occupancy. A certificate of occupancy shall be conditioned upon the following:
(1) The completed project meets the conditions of the construction permit; the approved construction docu¬ments, including all amendments; and all prior approvals.
(2) All required fees have been paid.
(3) All necessary inspections have been completed, and the completed project meets the requirements of this Code.
(4) All violations have been corrected, and any assessed penalties have been paid.
(5) All protective devices and equipment required to be installed by this Code continue to be operational, as required by this Code.
(6) All quality assurance programs required by Chapter 40 have been completed.
1.7.7 Stop-Work Orders and Revocation of Permit or Certifi¬cate.
220.127.116.11 Stop-Work Orders. Whenever any work is being done contrary to the provisions of this Code, the authority having jurisdiction shall be authorized to order such work stopped. Such work shall immediately stop until authorized by the authority having jurisdiction to proceed.
18.104.22.168.1 Written notice of violations leading to the stop-work order shall be mailed or given to the permit holder or permit holder’s agent. Upon issuance of a stop-work order, the work cited shall immediately cease according to the time limitation specified on the order.
22.214.171.124.2 When the violation(s) has been corrected, the authority having jurisdiction shall provide the permit holder or permit holder’s agent written notice that the violation(s) has been corrected and that the stop-work order has been lifted.
126.96.36.199.3 Any person continuing work after being served a stop-work order, except work to correct the cited violation(s) or work not included within the scope of the stop-work order, shall be subject to the provisions of 188.8.131.52 and other penalties as prescribed by law.
184.108.40.206 Revocation of Permit. The authority having jurisdic¬tion shall be hereby granted authority to revoke a permit or approval issued under the provisions of this Code when any false statement or misrepresentation of fact is made in the applica¬tion, or on the plans on which the permit or approval was based, or for failure to honor any stop-work order issued under 220.127.116.11 of this Code.
18.104.22.168.1 The authority having jurisdiction shall notify the contractor or owner or owner’s agent in writing that the permit is revoked. Work performed by a person or persons in or about the building or structure, except work required for the correc¬tion of violations, shall be prohibited. Any person continuing work after having a permit suspended, except work to correct the cited violation(s), shall be subject to the provisions of
22.214.171.124.4 and 126.96.36.199.5 and any other penalties prescribed by law. If, in the judgment of the authority having jurisdiction, there is imminent danger that requires immediate action, the permit shall be permitted to be revoked verbally, and written notice shall be served later.
188.8.131.52.2 When a permit has been revoked, it shall not be rein¬stated until all violations leading to the revocation of the permit have been corrected. Written notice of reinstatement shall be given to the permit holder when requested.
184.108.40.206 Revocation of Certificate. When any building or part thereof is being used contrary to the provisions of this Code, or any other laws or regulations of the jurisdiction, the authority having jurisdiction shall be authorized to revoke a certificate of occupancy and order such use or occupancy discontinued and the building or part thereof vacated. The authority having juris¬diction shall provide written notice of the revocation of the certificate to the person(s) using or causing to be used such buildings or parts thereof. Continued use of the building or part thereof after the certificate of occupancy has been revoked shall be in violation of this Code and subject to the penalties prescribed by law.