93 Examples of Building Code Administration by Local Governments of Tennessee; and a plans review fee. and gave professionals and the The application is entered by the community a one-year grace period to comply According to the building clerk specialist A. The plans are given to the clerk specialist B, who routes official, the added costs have proven to be minimal, as projected by the plans to the Building Plans Review Section, building inspector, NERiRP reports. The building city or county fire department, department has had numerous seminars to train engineers, archi- Plumbing Section, Mechanical Safety tects, and contractors about the Section, city traffic engineer, and seismic regulations. W the 1994 Tith public works or the county engineer. A copy of each review is returned to Standard Building Code, Memphis the clerk specialist B. The clerk copies was brought up to a seismic zone 3 the reviews of each section, and the designation. total review is mailed to all parties Implementation of seismic design listed on the application (i.e., owner, has been a slow process, involving architect, and contractor). It normally the training of builders, design takes one to three weeks to receive a professionals, and department staff. permit, depending on the size of the In some ways the community still is job. The staff levels in Memphis/ resistant to seismic design, which Shelby County are usually adequate makes it difficult for the city/county for the workload. The load varies, to be able to expend resources for however, and it is not always possible training. But much progress has to plan ahead. been made over the past few years, If someone wishes to appeal a and seismic design is becoming more widely accepted. building code decision or has other requests, he or she may contact the building official. Problems are Plan Review Process usually settled without requiring a The first step in the process for formal meeting of the board of obtaining a residential building appeals, although that mechanism is permit is to present an application, available if needed. two copies of the site plan, and one copy of the floor plan to the clerk Code Enforcement and Inspection specialist A. This clerk calculates the M1\emphis/Shelby County seeks permit fee (based on square foot- age), verifies the proper zoning, Standard Building Code (SBC) certification in plan reviewers and enters the information onto the building inspectors, but it is not computer, and then refers the mandatory The building inspector, application and plans to the plan however, must be certified. The city reviewer. The plan reviewer checks for proper zoning, legality of the lot, cannot afford licensed engineers as plan reviewers, though it would be setback requirements, building code requirements, and subdivision desirable. requirements. The plan reviewer The Office of Construction and then approves or rejects the permit Code Enforcement has a monthly application. With approval by the volume of 4,170 inspections. The plan reviewer, the clerk issues the building inspection process is initi- permit and routes the applicant to ated by a call from the contractor or the cashier. owner. Memphis conducts reinspec- An application for a permit for a tions on every job (foundation, slab, commercial building is required to final, etc.) every month to check on progress. The inspections are covered be accompanied by four complete by the application fee. Permits and sets of plans; one set of specifica- inspections are programmed on a tions signed, sealed, dated, and drawn to scale by an architect or mainframe computer, which gener- engineer who is licensed by the state 94 Appendix C The building official says that the news media have been very helpful in getting accurate information out to the public. The building depart- ment has developed a working relationship with the media, which has helped to reduce the potential for negative publicity. The depart- ment has worked at developing a professional, open process and cooperative relations with the public and the building community. These aspects are very important in this potentially contentious field. Pacifica,California (ICBO, Small) Pacifica has one plan reviewer and two building inspectors for a population of 40,000. The Building Department's annual budget is approximately $300,000. Staff levels are adequate for the work load, although the summer construction season can get quite busy. Seismic Code Requirements Seismic provisions have been part of the code since Pacifica's incorpora- tion in 1956. Seismic design and enforcement are among the highest priorities facing the building depart- ment, because Pacifica is located in seismic zone 4 and is quite close to numerous active faults. ates monthly management reports FIGURE C.5 The City of Pacifica, Cali- regarding permits, inspections, and fornia, is located close to the San Andreas California has had seismic fees. Fault, in an area that was severely shaken provisions since the 1933 Long by the great San FranciscoEarthquake of Beach earthquake. Currently, the Memphis/Shelby County seeks to 1906. (Source: U.S. Geological Survey work with applicants by scheduling state uses the UBC and has refined ProfessionalPaper 1527, 1992) the code over the years to reflect predesign conferences and offering other services. No new procedures practices and experiences in Califor- nia. are enforced without advance notice to practitioners. Plan Review Process If noncompliance or postpone- The process of seismic enforcement ment of construction occurs, the starts with plan review. To receive a department has standard actions it building permit one first must may take. The first step is to issue a submit plans and documents to the courtesy citation, which cites the planning, engineering, and building specific code violations and date of departments. The planning depart- abatement. It requires abatement ment checks for compliance with within thirty days or else a sum- zoning ordinance regulations. The mons to court will be administered. engineering department reviews for Generally this achieves compliance. Examples of Building Code Administration by Local Governments 95 off-site issues, such as setbacks and sidewalks. The building department handles reviews of plumbing, electrical, structural, and mechanical elements. Once all approvals are received, the building official signs the building permit. The average time to receive permit approval is three weeks. If an applicant wishes to appeal a decision, she or he first talks with the building official. There is a board of appeals, but its power is limited. The building official has the final word on code compliance. Code Enforcement and Inspection When the building permit is issued, applicants are given a job card that FIGURE C.6 Large parts of Las Vegasfall Fee Schedule details the inspection process and under the jurisdiction of the Clark County schedule. The owner must schedule The building Officialsets the pennit Department o Building. (Photo: Las f at least twenty-four hours ahead of Bui'diilg Code's V e p s Conum7tion and Visitors Azlthority) fees using the un!f0r771 when they wish to be inspected. (UBC) Chapter 3 fee schedule. The Building inspectors occasionally Uniform Administrative Code sets conduct unannounced visits on large the fees for plumbing, electrical, and projects. mechanical permits. The en,$neering reviewers set their own fees based on During construction there are a n hourly rate. specific inspections for seismic compliance, such as the nailing Clark County, Nevada schedule and hold-down systems. (ICBO, Large) Staff training concentrates on ensuring that the building official, The Clark County Department of reviewers, and inspectors are Building regulates construction in knowledgeable about seismic the unincorporated areas of the provisions. Field staff also work at county, a jurisdiction with a popula- educating contractors on the pur- tion of 417,000. It includes many poses behind the code provisions. areas adjacent to Las Vegas, includ- The initial permit fees cover ing the huge hotels on the Las Vegas inspections, except for reinspections: Strip. Clark County is one of the the third visit on the same issue most active construction areas in the requires an additional fee. Stop work country, with growth continuing at orders are administered when about five percent per year. someone is working without a Including direct supervisors, the permit, and these can result in a county has seventy-nine building charge of ten times the initial permit inspectors and fourteen plan review- fee. Some lenience is given to ers, several of whom are engineers homeowners, who may be unaware and architects. The department's of the permit requirements. approximate annual budget is The only formal training require- $10,000,000, including a $500,000 ment for plan reviewers and inspec- plan review contract to supplement tors is certification from ICBO. Staff staff. The department consists of the reviewers are also recommended to Pl,m Check Division, Inspection have engineering training. Appendix C 96 numerous large hotels of Las Vegas Division, and Permit Application take much longer to obtain a permit. Center. Plan reviewers have permission Seismic Code Requirements as part of their assignment to sign all permits, after which their supervi- The county adopted the ICBO sors critique. The director gets Uniform Building Code approximately involved when problems arise or forty years ago and has always used when there is a need for complex its seismic provisions. Clark County is in seismic zone 2 and integrates interpretations. seismic and structural reviews. Problems or complaints regarding Seismic provisions and dynamic permit denial are first handled loads, such as wind and snow, are administratively. One of the two evaluated in the structural analysis. designated plan check supervisors Staff members are familiar with first tries to resolve the problem. If seismic enforcement through plan unresolved, it goes to the director of review and inspection. The depart- the Department of Building, who ment also is involved with state and serves as the building official. national seismic committees. Finally, the applicant may file a complaint with the board of appeals, Nevada has adopted the 1991 which is appointed by the county UBC as the statewide code. They commissioners to make interpreta- allow local amendments to be more tions of the code and grant appeals. restrictive than the state code, but not less restrictive. Most localities used some version of the UBC Code Enforcement and before the state adopted the UBC. Inspection Inspections are scheduled as re- Plan Review Process quired by the Department of Build- ing and the code to check on differ- The process for receiving a building ent phases of construction, such as permit is as follows. First an applica- foundation, slab, framing, roofing, tion must detail the scope and type sheathing, and so on. The inspec- of construction activity, identify the tions are arranged after the builder principal design professional for the contacts the department to notify it project, and include site plans. The of the readiness of the construction. Department of Building manages Inspections must be conducted the review and distributes copies to before further construction can each department, such as planning, fire, and public works, to make sure continue. Certain projects require continual or special inspection. If it meets county code requirements. required, the owner of the site/ Plan reviewers are continually project must hire an outside inspec- trained so as to remain abreast of tor or testing agency that has been current building code and enforce- pre-approved by the Department of ment policies. Checklists, supervisor Building. This organization con- critiques, and inspection classes are ducts all required inspections and a few of the ways reviewers are deals with structural requirements audited. such as concrete, steel, masonry, soils, and grading issues. The owner The amount of time it takes to get of the site/project pays directly for a permit approved varies by the size third-party inspection services. of the project. Single-family dwell- ings take approximately three weeks The Department of Building will from the time the application is sometimes conduct unscheduled submitted to the final permit inspection visits, most commonly approval. Commercial projects can for large projects that require such take about four to six weeks. The attention. Inspection costs by the 97 Examples of Building CodeAdministration by Local Governments department are covered by the INTERVIEWS permit fee. Carbondale, Illinois: Steve Larson, City of Carbondale (Spring Although the department's 1994) Workload has increased substan- tialily, the department has incorpo- St. Louis County, Missouri: rated methods for adjusting to these Da-ve Casl, Building Permit Division, heavy loads, such as hiring more Department of Public W1Torks, Clayton plan checkers and using third-party (Spring, 1994) inspectors. The approved third-party Jonesboro, Arkansas: inspector agencies total about fifty Joe D. Tonlinson, Department of Planning firms with about 350 certified and Inspection (Spring 1994) inspectors. Memphis, Tennessee: Fee Schedule Terry Hughes, Building Official, Mlemphis and Shelby County Construction Code Clark County's permit fee schedule Enforcement (October 16,1991; Spring is slightly less than ICBO's guide. 1994); Wiflliarn AWalmsley, Director of The fee schedule is based on the Engineering, Department of Commerce value of project construction. The and Insurance, Division of Fire Prevention, plan review fee is 65 percent of the Nashville (M/ay 7,1991) building permit fee derived from the chart. Fast-track projects or projects Pacifica, California: requiring phased design and con- Steve Branvold, Plans Examiner and struction are charged a higher cost Building Official (Spring 1994) for plan review. Subsequent review Clark County Nevada: of resubmitted plans requires an Robert Weber, Director, Department of additional fee. The building permit Building (Spring 1994% fee is charged upon issuance of the permit. The fees are only used to fund the services for which they are charged. The funds are placed in an enterprise fund and do not go into the countys general account. Noncompliance or postponement of construction require additional costs. The Department of Building does not usually charge for addi- tional reinspection on the same issue until the third visit. This charge is $45. If a "red tag" or stop order is issued, an investigation is conducted and the owner is charged a fee ranging from $120 to $2,000. The charge is based on the cost of work at completion of the investigation. The department also can cite a project as a misdemeanor. Finally, the department can file a complaint with the contractors board if a contractor has abused his or her position. Appendix C 98 Survey Instrument not protected by building codes. Of The following pages reproduce a the communities that have codes, form used by the Illinois Emergency most have adopted the most recent Management Agency to survey version; but some have not; and communities' building code prac- several communities have a code tices in southern Illinois. Such an but no building department to inventory is an essential first step enforce it. toward targeting municipalities or regions for code adoption or im- By use of the spreadsheet data- proving code enforcement. The data base, the data could be sorted by can also be used to help encourage various characteristics, providing the state to adopt a statewide code. the Emergency Management Agency with an easy way of identifying The Illinois survey, which was communities with adoption or accomplished by a graduate student enforcement deficiencies. The data assistant over the course of one were sorted in nine different ways: summer, began with the identifica- (a) addresses of all communities, (b) tion of 300 municipalities and municipalities without building counties in the area of highest codes, (c) municipalities with seismic hazard. Using the Illinois building codes, (d) code updating Municipal League directory, a methods of municipalities, (e) master list was created of the building permit use in municipali- addresses, contact phone numbers, ties with codes, (f) municipalities and populations of all relevant with codes but no building depart- jurisdictions. Most of the surveys ments, (g) types of construction were completed by telephone. regulated by municipal building Counties were surveyed first, so that departments, (h) building depart- they could also confirm the list of ments' plan review standards, and cities, towns, villages, and town- (i) building department staff compo- ships within the county. This sition. ensured that all jurisdictions were adequately identified. Where Copies of the full report, Seismic- available, the building inspector was ity and Building Code Use in Southern surveyed. In jurisdictions without Illinois, by Lisa C. Morrison, October building codes, the mayor or city 1995, may be obtained for the cost of clerk was surveyed. In small com- copying by contacting the Depart- munities, where no telephone ment of Urban and Regional Plan- response was received after several ning, University of Illinois at tries, the surveys were mailed out, Urbana-Champaign, (217) 333-3890. using systematic survey procedures. The data were analyzed using spreadsheet software. The survey concluded that 78 percent of the municipalities have not adopted building codes. Fortu- nately, most of the larger municipali- ties, where most of the new con- struction is occurring, are covered by codes. Still, municipalities encompassing 31 percent of the population of southern Illinois are Examples of Building Code Administration by Local Governments '99 Southern Illinois Building Code Survey: Survey Form Opening: My name is I.am conducting a survey on building codes in Southern Illinois for 1 the Illinois Emergency Management Agency. a. Could you direct me to someone with information about (jurisdiction's) building codes? b. Can I take a few moments of your time to ask you about building codes in (the jurisdiction)? The Siurvey: 1. Jurisdiction: 2. Has (jurisdiction) adopted any building codes? (If yes, continue. If no, go to 3.) a. What is the name of the building code in use? V/hat was the year of the last revision? b. c. How are the building codes updated? d. Is a building permit required prior to construction? e. Ilf yes, is a licensed architect or engineer's seal required on an applicant's construction document to obtain a building permit? 3. a. Does (jurisdiction) have a code enforcement authority or building department to regulate building codes? (If yes, continue. If no, go to end.) b. What is the department name? What is the department address? 100 Appendix C What is the telephone number? What types of construction does the department regulate (residential, commercial, c. etc.)? d. Is a plan review by the building department required for obtaining a building permit? If yes, who performs the review? If yes, does the reviewer have any of the following? BOCA Certification ICBO Certification Professional Engineer's License SBCCI Certification Other Certification Professional Architect's License During construction, who ensures compliance with the building code? e. How many staff members are employed by the building department? f. How many of the following does the building department have? g. Certified Planners Architects Engineers Field Inspectors 4. (If no to 2 and 3) Is new construction regulated in any way? 5. a. Could I have you name? b. Title? c. Mailing Address? d. Phone Number? Closing: That completes our survey. Thank you for your time.