Building Inspections - Permits and Problems

Things to Know

1. The General Contractor or the person that the Building Permit was issued to must make all inspection requests.
2. Building Permit Cards must be posted and building plans must be available at the jobsite or the inspection will not be performed and a penalty can be charged.
3. Permit Fees are based on the valuation of project defined as labor, materials, plus profit
4. If the project is large enough a plan review will have to be completed by the building inspector

Who are They

The BDI inspects approves and issues all permits required by code for new construction and for repairs and additions to all public and private buildings. They assure safe building standards for the general safety and welfare of us all. When Do I Need a Building Permit Building permits are required when any structural change or major alteration is made or for new construction. Normal maintenance doesnt need a building permit.

Here are some common examples, although this list is not complete:
1. New structures
2. Enlargement of existing rooms
3. Porches, decks, and retaining walls
4. Anything involving structural beams, joist replacement or bearing support
5. Foundations and footing repair, underpinning or shoring up of a structure
6. The conversion of basement or attic space to living quarters
7. All new fences except the replacement of existing fences
8. An entire new roof, when roof work is not replacement of like material

When Don't I need a Building Permit

Here are some common examples, although this list is not complete:
1. Ordinary repairs to residential buildings and structures, there could be height restriction here.
2. Plaster patching, exterior and interior painting, floor sanding and refinishing, floor tile, carpeting, replacement of flooring
3. Repair or replacement of gutters and downspouts
4. Replacement or repair of exterior doors and non-fire rated interior doors whenever no modification is made to the opening
5. Wall paneling applied directly to wall surfaces; acoustical ceiling tile applied directly to ceiling surfaces;
6. Installation of battery-operated smoke detectors
7. Replacement of existing fencing, same height, material and location in the rear or side yards
8. Non-dish radio or television antennae

The BDI will focus on all common areas unless there is a specific complaint. In that case they can go anywheres in a building. They do not need an owners permission to enter a unit, but they do need the tenants permission to enter an apartment. They will look at all common areas to sleuth out dangerous or hazardous code violations or egress issues. They are essentially interested in safety issues and will look especially for fire extinguishers, doors, lighting, stairs, doors and smoke detectors. If there are any violations of code they will issue a "notice of violation" or NOV.

What They Do: They will inspect a property for three reasons:

1. Law requires general inspections to uncover and correct safety issues and code requirements. These inspections are mandated periodically.
2. Someone has complained
3. To review new construction work for safety and code violations.

The Dreaded "Task Force Inspection"

If a building is a nuisance and gets repeated complaints then the city can call in many or all the agencies and create a task force to inspect the building. The agencies involved can include fire, health, police, and the D.A. The task force is only formed for the worst offenders, generally drug dens or health hazards.

Construction Inspections

The inspector is looking to see that the work is up to code and does not exceed the scope of the permit. Very often, construction will take place and other issues come up. If they exceed the parameters of the work approved they can deny approval of the work. Now you have to come into compliance and that can mean a bureaucratic snafu or worse. A citation or NOV (Notice of Violation) is issued and you will need to apply for another permit to fix the problem to come up to code. When the work is completed according to the demands of the BDI, you will need another inspection to get cleared. If you still have problems with getting the work approved you have a few alternatives

Fighting the BDI

1. Know the code: You will need to prove the condition cited is legal
2. Get all the permit plans the DBI has and try to make a case that the condition is historical
3. If its an older building it may be grandfathered
4. Talk to the senior inspector and make an informed case
5. Talk to a real estate attorney or engineer

The Hearing

This is your last effort to right a wrong. You can have your attorney or property manager or possibly a structural engineer make your case. This is your last ditch effort to allow a condition to remain in place. Obviously, you dont get to this unless there is a lot of money at stake.

Howard Bell
yourpropertypath.com

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