(A) Permit required. When a permit is required for work regulated by Subchapter E, it shall be unlawful to commence such work without first filing an application with the Building Official, and obtaining the required permit.
(B) Time limits. The Building Official is authorized to establish time limits on permits for work regulated by this subchapter. Such time limits shall enumerate the period of time during which the work must be fully executed. In all cases, exterior work regulated by this subchapter shall be completed within 12 months, unless extensions are granted.
(1) Violation of time limit requirements. If the project is not completed within the time limit established by the Building Official, and agreed to by the applicant as a condition of the permit, the Building Official shall institute legal action in accordance with § 154.58(H).
(2) Extension of time limits. The Building Official is authorized to extend the time limits on projects regulated by this Code as may be warranted by exigency.
(3) Use of time limitation for permits. The instances in which time limits may be established as a condition of a permit are:
(a) Permits for work to correct conditions hazardous to the public.
(b) Demolition and moving permits.
(c) Permit extensions.
(d) Exterior work exposed to public view.
(D) By whom application is made. Application for a permit shall be made by the owner or lessee of the property concerned, or agent of either, or by the licensed engineer or architect, or the contractor employed in connection with the proposed work. The full names and addresses of the owner, any lessee and any applicant, if other than owner or lessee, and of the responsible officers of owner and lessee, if a corporate body or incorporated association, shall be stated in the application. All applicants for permits shall represent the owner and be duly qualified under applicable laws.
(E) Construction documents. Construction documents shall be submitted for approval prior to beginning any construction regulated by this chapter. Construction documents shall include a site plan showing the location of the proposed improvements, plan views, elevation, sections, details, and product data sufficient to describe the project for the purpose of plan review and approval, and be sufficient to indicate compliance with the requirements of this chapter and appropriate standards.
(F) Revisions. If during the execution of the work, or prior thereto, it is desired to deviate, in any manner affecting the construction or other essential or vital feature of the work, from the terms of the approved application, drawings, specifications or statement, notice of such intention to alter or deviate shall be given, in writing, to the Building Official and his written consent shall be obtained before such alteration or deviation may be made. Notices of significant intended deviations from prior approvals which require plans shall be accompanied by a new application for permit with payment of fees per Chapter 156 of the FPCO.
(1) Unapproved revisions or the use of unapproved material in the work shall be treated as a violation of this chapter in accordance with § 154.58 and shall be remedied as provided in that section. All work affected by the revisions or materials shall stop until such time as proper documentation of the change is presented and approved. Any work in place shall be modified, changed or removed as necessary to achieve full compliance with the provisions of this chapter.
(G) Work without permit. Except as provided below, any person, firm or corporation who performs work for which a permit is required by this chapter without having first secured a permit therefor, shall be deemed in violation of this chapter and be subject to the penalties provided by this chapter. The Building Official shall notify the owner of the violation in accordance with § 154.58. Filing of an application for permit does not constitute permission to work. Work begun prior to approval/permit is subject to an additional fee prescribed in Chapter 156 (Comprehensive Fee Schedule).
(1) Emergencies. In case of emergency where there is actual and immediate risk of failure or collapse of a structure, or the existence of defective equipment or service facilities such as to endanger life or health, or such other condition as to require immediate action to make repairs necessary to prevent the occurrence of such dangers, and time available is not sufficient to allow the securing of a permit, as required by this chapter, the person, firm or corporation required to perform such repairs may proceed to do so after having first attempted to notify the Building Official of such fact. In case the Building Official is unavailable, notice shall be given on the next business day. Even in such emergencies, the required permit shall be obtained without unreasonable delay after installation starts, and in no case more than three working days, or the additional fee as provided in Chapter 156 shall be charged for the permit.
(2) Before issuing such permit, the Building Official shall take necessary steps to determine whether work performed prior to the date of permit and inspection conforms to this chapter. Such steps may include, but shall not be limited to, directing the tearing out of sections of surface work for access to subsurface sections, digging for access to foundation, pipeline and other subterranean work and the like. The applicant for the permit shall perform all such work as may be directed at his own expense.
(H) Permit.
(1) Action on application. The Building Official shall examine or cause to be examined all applications for permits and amendments thereto within a reasonable time after filing, and in accordance with the requirements of this chapter.
(2) Permit validation. The Building Official or his authorized backup shall approve, with or without conditions, every permit, or he may deny such application based on noncompliance of the construction documents with the requirements of this chapter.
(3) Plan approval process. Construction documents relating to the work under consideration shall be submitted to the Building Department for examination and approval with the application for permit.
(a) Project documents. Project documents shall include application and plans or other relevant documentation sufficient to:
1. Identify and describe all work to be performed, and for which application for approval is made.
2. Describe the land on which the proposed work is to be done by address and plot plan.
3. Identify, indicate, and provide other relevant construction data, listings, agency approvals, shop drawings, and/or manufacturer data and installation instructions.
4. Identify the owner or owner agent by name and signature.
(b) Order of plan review. Construction documents submitted for approval shall be examined for compliance with the requirements of this chapter in the order received unless otherwise consented to by the owner.
(c) Approval of application and documentation. When the construction documents have been determined to conform to the applicable requirements of this chapter, the Building Official stamps such plans as approved and issues the certificate of approval/permit.
(d) Denial of approval. If construction documents are determined to be incomplete or inadequate for examination, the Building Official shall communicate the issues of non-compliance to the owner or owner representative as an adjudication order, allowing appeal of such order in accordance with § 154.58(A) and (B), or otherwise indicating plan revisions or other documentation required for approval. The Building Official may issue a partial or fast track approval as may be warranted by the completeness of the construction documentation.
(e) Distribution of approved construction documents. The Building Department shall retain two sets of the approved construction documents (one for the file, and one for the inspector), and provide one (or more as requested by the owner) to the owner for retention on the job site.
(4) Abandonment of application. The denial of a permit or approval is an adjudication order in accordance with § 154.58(B), requiring response within 30 days if appealed, or within six months if otherwise pursued. Failure of response to a denial of permit/approval after six months shall be considered to be abandonment of the application, requiring reapplication if the project is to be pursued.
(5) Posting of permit. A true copy of the building permit or such other instrument serving the purpose as the Building Official may authorize or approve shall be posted on the site of operations open to public inspection during the entire time of prosecution of the work and until the completion of same.
(I) Conditions of permit.
(1) Payment of fees. No permit shall be issued and no amendment to a drawing, application for permit, or other submission shall be approved or certified until fees prescribed in Chapter 156 (Comprehensive Fee Schedule) have been paid.
(2) Compliance. A permit shall be an authorization to proceed with the work, but shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of this chapter, zoning laws or other applicable laws, except as specifically allowed by lawfully granted modification or deviation. Permit issuance shall not prevent the Building Official from thereafter requiring a correction of errors in plans or in construction or of violations of this chapter.
(3) Compliance with approved documents. All work shall accurately conform to the approved application, plans, and drawings for which the permit has been issued and any approved amendments thereto.
(4) Change in plot. No lot or plot shall be changed, increased or diminished in area from that shown in the application for permit without first amending the application to that effect, except where the change is caused by reason of an official street opening, street widening or other public improvement.
(5) Lot lines. It shall be illegal to sell, lease or provide an easement over any land at any time, if by virtue of such sale, lease or easement any clearance, yard or court space prescribed by the Building Code, this chapter, or the zoning ordinance, or other applicable law for Fire Department access or for other legal purposes is reduced to such an extent as to constitute a violation of other laws.
(6) Lot line markers. As may be required due to setback requirements, all lot lines shall be clearly marked at their intersections with permanent markers, and the structure perimeters shall be marked with markers which are offset at an established distance.
(7) Expiration. The approval of plans and permit are invalid if construction, erection, alteration, or other work described by the application and plans are not commenced within 12 months of the approval date. One extension shall be granted for an additional 12-month period if requested by the owner prior to the expiration of the approval, and upon payment of a fee not to exceed $100.
(8) Extension. If, in the course of construction, work is delayed or suspended for more than six months, the permit becomes invalid. One extension shall be granted extending the approval to no longer than one year after the original approval upon application by the owner prior to the expiration of the first approval.
(9) Duplicate. Upon application by the owner, the Building Official shall issue a duplicate permit/approval to replace a lost or destroyed original.
(Ord. 25-2019, passed 8-5-19)