SCOPE AND ADMINISTRATION

Section 101 General

Section 102 Applicability

Section 103 Department of Building Safety

Section 104 Duties and Powers of Building Official

Section 105 Permits

Section 107 Submittal Documents

Section 108 Temporary Structures and Uses

Section 109 Fees

Section 110 Inspections

Section 111 Certificate of Occupancy

Section 112 Service Utilities

Section 113 Board of Appeals

Section 114 Violations

Section 115 Stop Work Order

Section 116 Unsafe Structures and Equipment

Key Points

Section 101 General

In addition to the code’s scope, Chapter 1 covers general subjects such as the purpose of the code, the duties and powers of the building official, performance provisions relating to alternative methods and materials of construction, applicability of the provisions, and creation of the department of building safety. This chapter also contains requirements for the issuance of permits, subsequent inspections, and certificates of occupancy. The provisions in Chapter 1 are of such a general nature as to apply to the entire International Building Code® (IBC®).

101.2   Scope.   The intent of the code as outlined in this section is that the IBC applies to virtually anything that is built or constructed. The definitions of “Building” and “Structure” in Chapter 2 are so inclusive that the code intends that any work of any kind that is accomplished on any building or structure comes within the scope of the code. Thus, the code would apply to a major high-rise office building as well as to a retaining wall creating an elevation change on a building site. However, certain types of work are exempt from the permit process as indicated in the discussion of required permits in this chapter.

Whereas initially the IBC appears to address all construction-related activities, the design and construction of detached one- and two-family dwellings and townhouses, as well as their accompanying accessory structures, are intended to be regulated under the International Residential Code® (IRC®). However, in order for such structures to fall under the authority of the IRC, two limiting factors have been established. First, each such building is limited to a maximum height of three stories above grade plane as established by the definition of “Story above grade plane” in Section 202. In broad terms, where a floor level is located predominantly above the adjoining exterior ground level, it would be considered in the total number of stories above grade plane for evaluation of its regulation by the IRC. It is quite possible that a residential unit with four floor levels will be regulated by the IRC, provided that the bottom floor level is established far enough below the exterior grade that it would not qualify as a story above grade plane, but rather as a basement. A fifth occupiable floor level is also permitted under the allowances in the IRC for habitable attics. For further discussion on the determination of a story above grade plane as similarly regulated in the IBC, see the commentary on Section 202. Secondly, each dwelling unit of a two-family dwelling or townhouse must be provided with a separate means of egress. Although the definition of an IBC means of egress would require travel extending to the public way, for the purpose of this requirement it is acceptable to provide individual and isolated egress only until reaching the exterior of the dwelling at the required egress door. Once reaching the exterior, the building occupants could conceivably share a stairway, sidewalk, or similar pathway to the public way. The IRC does not regulate egress beyond the structure itself; thus, any exit discharge conditions would only be applicable to IBC structures.

Townhouse design and construction is also regulated by the IRC. Section 202 defines a townhouse as a grouping of three or more single-family dwelling units in the same structure. The units must each extend individually from the ground to the sky, with open space provided on at least two sides of each dwelling unit. The effect of such limitations maintains the concept of “multiple single-family dwellings.”

The requirement for open space on a minimum of two sides of each townhouse unit allows for interpretation regarding the degree of openness. Although not specific in language, the provision intends that each townhouse be provided with a moderate degree of exterior wall, thus allowing for adequate fire department access to each individual unit.

Structures such as garages, carports, and storage sheds are also regulated by the IRC where they are considered accessory to the residential buildings previously mentioned. Such accessory buildings are limited in height under the same limitations applied to dwellings, a maximum of three stories above grade plane. The maximum floor areas of dwellings and accessory structures constructed under the IRC are unlimited; however, it is probable that local zoning ordinances will provide some degree of regulation.

Even though the IRC may use the IBC as a reference for certain design procedures, the intent is to use only the IRC for the design and construction of one- and two-family dwellings, multiple single-family dwellings (townhouses), and their accessory structures. This does not preclude the use of the IBC by a design professional for the design of the types of residential buildings specified. However, unless specifically directed to the IBC by provisions of the IRC, it is not the intent of the IRC to utilize the IBC for provisions not specifically addressed. For example, the maximum allowable floor area of a residence based on the building’s type of construction is not addressed in the IRC. Therefore, there is no limit to the floor area permitted in the dwelling unit. It would not be appropriate to use the IBC to limit the residence’s floor area based on construction type.

101.2.1   Appendices.   A number of subjects are addressed in Appendices A through M. The topics range from detailed information on the creation of a board of appeals to more general provisions for grading, excavation, and earthwork. Although the code clearly indicates that the appendices are not considered a part of the IBC unless they are specifically adopted by the jurisdiction, this does not mean they are of any less worth than those set forth in the body of the code. Although there are several reasons why a set of code requirements is positioned in the appendix, the most common reason is that the provisions are limited to a small geographic location or are of interest to only a small number of jurisdictions.

Jurisdictions have the ability to adopt any or all of the appendices based on their own needs. However, just because an appendix has not been adopted does not lessen its value as a resource. In making decisions of interpretation of the code, as well as in evaluating alternate materials and methods, the provisions of an appendix may serve as a valuable tool in making an appropriate decision. Even in those cases where a specific appendix is not in force, the information it contains may help in administering the IBC.

101.3   Intent.   Various factors are regulated that contribute to the performance of a building in regard to the health, safety, and welfare of the public. The IBC identifies several of these major factors as those addressing structural strength, egress capabilities, sanitation and other environmental issues, fire- and life-safety concerns, and energy conservation. In addition, the safety of fire fighters and emergency personnel responding to an emergency situation is an important consideration. The primary goal of the IBC is to address any and all hazards that are attributed to the presence and use of a jurisdiction’s buildings and structures, and to safeguard the public from such hazards.

The intent of the code is more inclusive than most people realize. A careful reading will note that in addition to providing for life safety and safeguarding property, the code also intends that its provisions consider the general welfare of the public. This latter item, general welfare, is not so often thought of as being part of the purpose of a building code. However, in the case of the IBC, safeguarding the public’s general welfare is a part of its intent, which is accomplished, for example, by provisions that ameliorate the conditions found in substandard or dangerous buildings. Moreover, upon the adoption of a modern building code such as the IBC, the general level of building safety and quality is raised. This in turn contributes to the public welfare by increasing the tax base and livability. Additionally, substandard conditions are reduced, and the subsequent reduction of unsanitary conditions contributes to safeguarding the public welfare. For example, the maintenance provisions of the International Property Maintenance Code (IPMC®) and the continued enforcement of the IBC slows the development of substandard conditions. A rigorous enforcement of the IPMC® will actually reduce the conditions that contribute to the deterioration of the existing building stock. Thus, public welfare is enhanced by the increased benefits that inure to the general public of the jurisdiction as a result of the code provisions.

The concept of “minimum” requirements is the established basis for the technical provisions set forth in the IBC. The requirements are intended to identify the appropriate level of regulation to achieve a balanced approach to the design and construction of buildings. On one hand, it is critical that an appropriate degree of safety be established in order to protect the general public. Conversely, it is also important that the economic impact of the regulations be considered. It is this balance of concerns that provides for the necessary degree of public health, safety, and welfare within appropriate economic limits. The establishment of multiple occupancy classifications with varying requirements for each is a basic example of this philosophy.

101.4   Referenced codes.   A number of other codes are promulgated by the International Code Council® (ICC®) in order to provide a full set of coordinated construction codes. Seven of those companion codes are identified in this section, as they are specifically referenced in one or more provisions of the IBC. The adoption of the IBC does not automatically include the full adoption of the referenced codes, but rather only those portions specifically referenced by the IBC.

For example, Section 903.3.5 requires that water supplies for automatic sprinkler systems be protected against backflow in accordance with the International Plumbing Code® (IPC®). As a result, when the IBC is adopted, so are the backflow provisions of the IPC. The extent of the reference is backflow protection; therefore, that is the only portion of the IPC that is applicable. Broader references are also provided, such as many of the references to the International Fire Code® (IFC®). Section 307.1.2 requires that hazardous materials in any quantity conform to the requirements of the IFC. Although the entire IFC may not be adopted by the jurisdiction, the provisions applicable to hazardous materials are in force with the adoption of the IBC.

Section 102 Applicability

102.1   General.   Where there is a conflict between two or more provisions found in the code as they relate to differences of materials, methods of construction, or other requirements, the most restrictive provision will govern. Typically, the code will identify how the varying requirements should be applied. For example, the occupant load along with the appropriate factor from Section 1005.3.1 is used to calculate the total capacity required for egress stairways—often referred to as the calculated width. Section 1011.2 also addresses the minimum required width for a stairway based on the absolute width necessary for use of a stairway under any condition, deemed to be the component width. When determining the proper minimum width required by the code, the more restrictive, or wider, stairway width would be used. See Application Example 102-1.

Application Example 102-1

In addition, where a conflict occurs between a specific requirement and a general requirement, the more specific provision shall apply. Again, the IBC provisions typically clarify the appropriate requirement that is to be applied. As an example, Section 1011.5.2 limits the height of stair risers to 7 inches (178 mm) as a general requirement for stairways. However, Section 1029.13.2.2 allows for a maximum riser height of 8 inches (203 mm) for stepped aisles serving assembly seating areas. Because the greater riser height is only permitted for a specific stair condition, rather than for all stairways in general, it is intended to apply where those special means of egress provisions established in Section 1029 are applicable.

Occasionally it is difficult, during the comparison of two different code provisions, to determine which is the general requirement and which is the specific requirement. In some cases, both requirements are specific, but one is more specific than the other. It is important that the intent of this section be applied in reviewing the proper application of the code. Where it can be determined that one provision is more specific in its scope than the other provision, the more specific requirement shall apply, regardless of whether it is more or less restrictive in application.

102.4   Referenced codes and standards.   Differences between the code and the various standards it references are to be expected. Unlike the companion International Codes®, there is not necessarily a conscious effort to see that the publications are completely compatible with each other. As a result, it is critical that the code indicate that its provisions are to be applied over those of a referenced standard where such differences exist. For example, the provisions of National Fire Protection Association (NFPA) 13R addressing sprinkler systems in residential occupancies allow for the omission of sprinklers at specified exterior locations, including porches and balconies. However, the provisions of IBC Section 903.3.1.2.1 mandate sprinkler protection for such areas where specific conditions exist. In this case, the provisions of the IBC for sprinkler protection would apply regardless of the allowances contained in NFPA 13R.

Another example is found in Section 903.3.1.1.2, where sprinkler protection for small bathrooms in Group R occupancies is addressed. Although the IBC references NFPA 13 for the technical requirements regarding the installation of automatic sprinkler systems, and NFPA 13 does not provide for the elimination of sprinklers in such areas, the IBC provides an exemption for residential bathrooms not exceeding 55 square feet (5 m²) in floor area. Because the IBC is the controlling document, the exemption is permitted even though it is not established in NFPA 13.

There are also times when the standard being referenced includes subject matter that falls within the scope of the IBC or the other International Codes. It is intended that the requirements of a referenced standard supplement the IBC provisions in those areas not already addressed by the code. In those areas where parallel or conflicting requirements occur, the IBC provisions are always to be applied. For example, IBC Section 415.9.3 mandates that “the construction and installation of dry cleaning plants shall be in accordance with the requirements of the IBC, the International Mechanical Code, the International Plumbing Code, and NFPA 32.” Although NFPA 32 addresses construction and installation criteria for dry cleaning plants, only those portions of the standard that are not addressed within the IBC, IMC, and IPC are applicable.

Section 103 Department of Building Safety

This section establishes the department of building safety as the jurisdictional enforcement agency charged with administering the IBC. The term building official, as used in the IBC, represents the individual appointed by the jurisdiction to head the department of building safety. Although many jurisdictions utilize the title Building Official to recognize the individual in charge of the building safety department, there are many other titles that are used. These include Chief Building Inspector, Superintendent of Central Inspection, Director of Code Enforcement, and various other designations. Regardless of the title selected for use by the individual jurisdiction, the IBC views all of these as equivalent to the term building official.

The building official, in turn, appoints personnel as necessary to carry out the duties and responsibilities of the department. Such staff members (deputies), including inspectors, plan examiners, and other employees, are empowered by the building official to carry out those functions set forth by the jurisdiction. Where the IBC references the building official in any capacity, the code reference also includes any deputies who have been granted enforcement authority by the building official. Where an inspector or plan reviewer makes a decision of interpretation, they are assuming the role of building official in arriving at that decision. There is an expectation on behalf of the jurisdiction that such employees possess the knowledge and experience to take on this responsibility. The failure to grant appropriate authority will often result in both ineffective and inefficient results.

For those jurisdictions desiring guidelines within the text of the code for the selection of department personnel, Appendix A addresses minimum employee qualifications for various positions. Experience and certification criteria for building officials, chief inspectors, inspectors, and plans examiners are set forth in this appendix chapter.

Section 104 Duties and Powers of Building Official

104.1   General.   The IBC is designed to regulate both in a prescriptive and performance manner. An extensive number of provisions have been intentionally established to allow for jurisdictional interpretation based on the specifics of the situation. This section establishes the building official’s authority to render such interpretations of the IBC. In addition, the building official may adopt policies and procedures that will help clarify the application of the code. Although having no authoring to provide variances or waivers to the code requirements, the building official is charged with interpreting and clarifying the provisions found in the IBC, provided that such decisions are in conformance with the intent and purpose of the code.

The authority to interpret the intended application of the IBC is a powerful tool available to the building official. With such authority comes a great degree of responsibility. Such interpretations must be consistent with the intent and purpose of the code. It is therefore necessary that all reasonable efforts be made to determine the code’s intent in order to develop an appropriate interpretation. Various sources should be consulted to provide a broad background from which to make a decision. These could include discussions with peers, as well as information found in various educational texts and technical guides. However, it must be stressed that the ultimate responsibility for determining the appropriateness of an interpretation lies with the jurisdictional building official, and all other opinions, both verbal and written, are just that, opinions. The building official must never relinquish his or her authority to others in the administration of these very important interpretive powers. See also the discussion on alternative materials, design, and methods of construction in Section 104.11.

104.4   Inspections.   Those inspections required under the provisions found in Section 110 are to be performed by the building official or by authorized representatives of the building official. It is also acceptable that outside firms or individuals be utilized for inspections, provided such firms or individuals have been approved by the building official. This option may allow for better use of available resources. Written reports shall be provided for each inspection that is made.

104.5   Identification.   For the benefit of all individuals involved, inspection personnel of the department of building safety are mandated to carry proper identification. The display of an identification card or badge, an example of which is shown in Figure 104-1, signifies the function and authority of the individual performing the inspection.

Figure 104-1   Personnel identification badge.

104.6   Right of entry.   This section is compatible with Supreme Court decisions since the 1960s regarding acts of inspection personnel seeking entry into buildings for the purpose of making inspections. Under present case law, an inspection may not be made of a property, whether it be a private residence or a business establishment, without first having secured permission from the owner or person in charge of the premises. If entry is refused by the person having control of the property, the building official must obtain an inspection warrant from a court having jurisdiction in order to secure entry. The important feature of the law regarding right of entry is that entry must be made only by permission of the person having control of the property. Lacking this permission, entry may be gained only through the use of an inspection warrant.

If entry is again refused after an inspection warrant has been obtained, the jurisdiction now has recourse through the courts to remedy this situation. One avenue is to obtain a civil injunction in which the court directs the person having control of the property to allow inspection. Alternatively, the jurisdiction can initiate proceedings in criminal court for punishment of the person having control of the property. It cannot be repeated too strongly that criminal court proceedings should never be initiated against an owner or other person having control of the property if an inspection warrant has not been obtained. Because the consequences of not following proper procedures can be so devastating to a jurisdiction if a suit is brought against it, the jurisdiction’s legal officer should always be consulted in these matters.

104.8   Liability.   It is the intent of the IBC that the building official not become personally liable for any damage that occurs to persons or property as a result of the building official’s acts so long as he or she acts in good faith and without malice or fraud. This protection is also extended to any member of the Board of Appeals, as well as any jurisdictional employee charged with enforcement of the IBC. Nevertheless, legal action is occasionally undertaken in an effort to hold civil officers personally liable for their acts. This section requires that the jurisdiction defend the building official or other protected party if a suit is brought against him or her. Furthermore, the code requires any judgment resulting from a suit to be assumed by the jurisdiction. However, regardless of this language in the code, the jurisdiction may elect to not defend the building official on the basis, for example, that he or she acted carelessly.

Case law regarding tort liability of building officials is constantly in a state of flux, and old doctrines may not now be applicable. Therefore, the legal officer of the jurisdiction should always be consulted when there is any question about liability.

104.10   Modifications.   The provisions of this section allow the building official to make modifications to the requirements of the code under certain specified circumstances. The building official may modify requirements if it is determined that strict application of the code is impractical and, furthermore, that the modification is in conformity with the intent and purpose of the code. Without this provision in the IBC, the building official has very little discretionary enforcement authority and, therefore, would have to enforce the specific wording in the code, no matter how unreasonable the application would be.

The code does not intend to allow the building official to issue a variance to the provisions of the code to permit, for example, the use of only a single exit where two are required. This is clearly not in conformity with the intent and purpose of the code, no matter how difficult it may be to meet the requirements. In fact, the code is very specific that any modification cannot reduce health, accessibility, structural, and fire- and life-safety requirements.

Where the building official grants a modification under this section, the details of such an action shall be recorded. This document must then be entered into the files of the department of building safety. By providing a written record of the action taken and maintaining a copy of that action in the department files, the building official always has access to the decision-making process and final determination of his or her action should there be a need to review the decision.

Although it is expected that a permanent record be available for future reference when a modification is accepted, there is perhaps an even more important reason for the recording and filing of details of the approving action. The willingness to document and archive the modification action indicates the confidence of the building official in the decision that was made. A reluctance to maintain a record of the action taken typically indicates a lack of commitment to the action taken.

104.11   Alternative materials, design, and methods of construction and equipment.   This section of the IBC may be one of the most important. It allows for the adoption of new technologies in materials and building construction that currently are not covered by the code. Furthermore, it gives the code even more of a performance character. The IBC thus encourages state-of-the-art concepts in design, construction, and materials as long as they meet the performance intended by the code. When evaluating the alternative methods under consideration, the building official must review for equivalency in quality, strength, effectiveness, fire resistance, durability, and safety. It is expected that all alternatives, once presented to the building official for review and approval, be thoroughly evaluated by the building department for compliance with this section. If such compliance can be established, the alternatives are deemed to be acceptable.

The provisions of this section, similar to those of Sections 104.1 and 104.10, reference the intent of the code. It is mandated that the building official, when evaluating a proposed alternative to the code, only approve its use where it can be determined that it complies with the intent of the specific code requirements. Thus, it is the responsibility of the building official to utilize those resources necessary to understand the intended result of the code provisions. Only then can the code be properly applied and enforced.

Similar to the approach taken where modifications are requested under the criteria of Section 104.10, the request for acceptance under this section should be made in writing to the building official. At a minimum, the submittal should include: (1) the specific code section and requirement, (2) an analysis of the perceived intent of the provision under review, (3) the special reasons as to why strict compliance with the code provision is not possible, (4) the proposed alternative, (5) an explanation of how the alternative meets or exceeds the intended level of compliance, and (6) a request for acceptance of the alternative material, design, or method of construction.

104.11.1   Research reports.   Whereas the provisions of Section 104.11 grant the building official broad authority in accepting alternative materials, designs, and methods of construction, the process of evaluating such alternatives is often a difficult and complicated task. Valid research reports, including those termed evaluation reports, can address and delineate a review of the appropriate testing procedures to support the alternative as code compliant. The use of a research report may be helpful in reducing additional testing or documentation that is necessary to indicate compliance. It is important that the building official evaluate not only the information contained within the research report, but also the technical expertise of the individual or firm issuing the report. It must be noted, however, that a research report is simply a resource to the building official to assist in the decision-making process. The research report itself does not grant approval, as acceptance is still under the sole authority of the building official.

One of the most commonly utilized research reports is the ICC Evaluation Service (ICC-ES) Evaluation Report. ICC-ES is a nonprofit, limited liability corporation that does technical evaluations of building products, components, methods, and materials. If it is found that the subject of an evaluation complies with code requirements, then ICC-ES publishes a report to that effect and makes the report available to the public. However, ICC-ES Evaluation Reports are only advisory. The authority having jurisdiction is always the final decision maker with respect to acceptance of the product, material, or method in question.

104.11.2   Tests.   The provisions of this section provide the building official with discretionary authority to require tests to substantiate proof of compliance with code requirements. The application of these provisions should be restricted to those cases where evidence of compliance is either nonexistent or involves actions considered to be impractical. Certainly, when the use of an alternative material, design, or method of construction is requested under the provision of Section 104.11, test information can be quite beneficial to the building official. There may also be insufficient evidence of compliance that can be substantiated through alternative tests.

An example would be the placement of concrete that the quality-control measures (i.e., cylinder tests) did not prove to be complying with minimum strength requirements. Testing of core samples or perhaps use of nondestructive test methods might be appropriate to demonstrate compliance.

The provisions also specify that the tests be those that are specifically enumerated within the adopted construction regulations or, as an alternative, be those of other recognized national test standards. Where test standards do not exist, the building official has the authority to determine the test procedures necessary to demonstrate compliance. In addition to determining appropriate test methods or procedures, the building official is mandated to maintain records of such tests in accordance with local or state statutes.

Section 105 Permits

This section covers those requirements related to the activities of the building department with respect to the issuance of permits. The issuance of permits, plan review, and inspection of construction for which permits have been issued constitute the bulk of the duties of the typical department of building safety. It is for this reason that the code goes into detail regarding the permit-issuance process. Additionally, the code provides detailed requirements for the inspection process in order to help ensure that the construction for which the inspections are made complies with the code in all respects.

105.1   Required.   Prior to obtaining a permit, the owner of the property under consideration, or the owner’s authorized agent, must apply to the building official for any necessary permits that are required by the jurisdiction. One or more permits may be required to cover the various types of work being accomplished. In addition to building permits, which address new construction, alterations, additions, repairs, moving of structures, demolition, or change in occupancy, trade permits are required to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system. It is evident that almost any work, other than cosmetic changes, must be done under the authority of a permit.

Typically, a permit is required each time a distinct activity occurs that is regulated under the code. However, certain alterations to previously approved systems can be performed under an annual permit authorized by the building official. Electrical, gas, mechanical, or plumbing installations are eligible for such consideration when one or more qualified trade persons are employed by the person, firm, or corporation who owns or operates the building, structure, or premises where the work is to take place. In addition, the qualified individuals must regularly be present at the building or site.

105.2   Work exempt from permit.   It would seem that the IBC should require permits for any type of work that is covered by the scope of the code. However, this section provides limited applications for exempted work. This section not only exempts certain types of building construction from permits, but also addresses electrical, gas, mechanical, and plumbing work that is of such a minor nature that permits are not necessary.

It is further the intent of the IBC that even though work may be exempted from a permit, such work done on a building or structure must still comply with the provisions of the code. As indicated in Section 101.2, the scope of the IBC is virtually all-inclusive. This may seem to be a superfluous requirement where a permit is not required. However, this type of provision is necessary to provide that the owner, as well as any design professional or contractor involved, be responsible for the proper and safe construction of all work being done.

A common example is a small, one-story detached accessory structure such as a storage shed. Although the code does not require a permit for an accessory building not exceeding 120 square feet (11 m²) in floor area, all provisions in the code related to a Group U occupancy must still be followed.

105.3   Application for permit.   In this section, the IBC directs that a permit must be applied for, and describes the information required on the permit application. The permit-issuance process, as envisioned by the IBC, is intended to provide records within the code enforcement agency of all construction activities that take place within the jurisdiction and to provide orderly controls of the construction process. Thus, the application for permit is intended to describe in detail the work to be done. In this section, the building official is directed to review the application for permit. This review is not a discretionary procedure, but is mandated by the code.

The code also charges the building official with the issuance of the permit when it has been determined that the information filed with the application shows compliance with the IBC and other laws and ordinances applicable to the building at its location in the jurisdiction. The building official may not withhold the issuance of a permit if these conditions are met. As an example, the building official would be in violation in withholding the issuance of a building permit for a swimming pool because an adjacent cabana was previously constructed without a permit.

105.4   Validity of permit.   The code intends that the issuance of a permit should not be construed as permitting a violation of the code or any other law or ordinance applicable to the building. In fact, the IBC authorizes the building official to require corrections if there were errors in the approved plans or permit application at the time the permit was issued. The building official is further authorized to require corrections of the actual construction if it is in violation of the code, although in accordance with the plans. Moreover, the building official is further authorized to invalidate the permit if it is found that the permit was issued in error or in violation of any regulation or provision of the code.

Although it may be poor public relations to invalidate a permit or to require corrections of the plans after they have been approved, it is clearly the intent of the code that the approval of plans or the issuance of a permit may not be done in violation of the code or of other pertinent laws or ordinances. As the old saying goes, “Two wrongs do not make a right.”

105.5   Expiration.   The IBC anticipates that once a permit has been issued, construction will soon follow and proceed expeditiously until completion. However, this ideal procedure is not always the case and, therefore, the code makes provisions for those cases where work has not started, or alternatively where the work, after being started, has been suspended for a period of time. In these cases, the IBC allows a period of 180 days to transpire before the permit becomes void. The code then requires that a new permit be obtained. It is assumed by the code that the department of building safety will have expended some effort in follow-up inspections of the work, etc., and, therefore, the original permit fee must be retained in order to compensate the agency for the work. The building official has the authority to grant one or more extensions of time, provided the permit holder can demonstrate a justifiable cause as to why the permit should not be invalidated. The time period for such extensions cannot exceed 180 days; however, additional extensions may be granted if approved by the building official.

There are several reasons why it is important to establish a limitation on the validity of a permit, such as purging the department files of inactive permits. Additionally, it keeps the project on track with the code edition in effect at the time of permit issuance.

Section 107 Submittal Documents

Plans, specifications, and other construction documents, along with other applicable data, must be filed with the permit application. Such submittal documents are intended to graphically depict the construction work to be done. The IBC sets forth the necessary information that must be provided to the building official at the time of plans submittal, as well as procedures for deferred submittals.

107.1   General.   In this section, the IBC directs that at the time of application for a permit, construction documents and other essential data on the project be submitted. The code requires that plans, engineering calculations, and any other information necessary to describe the work to be done be filed along with the application for a permit. A statement of special inspections that may be required by Section 1704.2.3 is also to be submitted with the application for a permit. Based on the statutes of the jurisdiction, the plans, specifications, and other documents may need to be prepared by a registered design professional. Under special circumstances, the building official may also require that the submittal documents be prepared by a registered design professional even when not mandated by jurisdictional statute. The building official is permitted to waive the requirement for the filing of plans and other data, where not required by statute to be prepared by a registered design professional, provided the building official ensures that the work for which the permit is applied is of such a nature that plans or any other data are not necessary in order to indicate and obtain compliance with the code.

107.3   Examination of documents.   In this section, the building official is directed to review the plans, specifications, and other submittal documents filed with the permit. The building official is not at liberty to check only a portion of the plans. On this basis, the structural drawings, as well as the engineering calculations, must be checked in order for the building official to provide a full examination.

107.3.4   Design professional in responsible charge.   The building official has the authority to require the designation of a design professional to act in responsible charge of the work being performed. The function of such an individual is to review and coordinate submittal documents prepared by others and, if necessary, coordinate any deferred or phased submittal items. In some cases, the design of portions of the building has been completed and may be dependent on the manufacturer of proposed prefabricated elements, such as for truss drawings. Therefore, the code specifically allows deferring the submittal of portions of plans and specifications.

Section 108 Temporary Structures and Uses

This section authorizes the erection of temporary buildings and structures such as those erected at construction sites. The regulation of temporary viewing stands and other miscellaneous, temporary structures would also fall under this section. Reference is made to Section 3103 for the special requirements applicable to temporary buildings. The following are key provisions for temporary buildings and structures:

1.   They are erected by special permit.

2.   They are erected for a limited period of time.

3.   They must conform to the requirements of the IBC for structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitation.

Section 109 Fees

Permits required by the jurisdiction are not valid until the appropriate fees have been paid. The IBC provides for each individual jurisdiction to establish its own schedules for permit fees. The fees collected by the department of building safety are typically set at a level to adequately cover the cost to the department for services rendered.

109.3   Building permit valuations.   The code uses the concept of valuation to establish the permit fee. This concept is based on the proposition that the valuation of a project is related to the amount of work to be expended in the various aspects of administering the permit. Also, there should be some excess in the permit fee to cover departmental overhead. Essentially, the valuation is considered as the cost of replacing the building. The valuation also includes any electrical, plumbing, and mechanical work, even though separate permits may be required for the mechanical, plumbing, and electrical trades.

To provide some uniformity in the determination of valuation so that there is a consistent base for the assignment of fees, the IBC directs the building official to determine the value of the building. To assist in obtaining uniformity, the ICC periodically publishes “Building Valuation Data (BVD)” in its Building Safety Journal®. In addition, the valuation data can be accessed on ICC’s website. Thus, building officials may utilize a common base in their determination of the value of buildings. However, ICC strongly recommends that all jurisdictions and other interested parties actively evaluate and assess the impact of the BVD table before utilizing it in their current code enforcement activities. As an option, any other appropriate method may also be used by the jurisdiction as the basis for determining the proper valuation of the work.

109.4   Work commencing before permit issuance.   When work requiring a permit is started without such a permit, the IBC allows the building official to assess an additional fee above and beyond the required permit fees. This fee is intended to compensate the department of building safety for any additional time and effort necessary in evaluating the work initiated without a permit. It may often be necessary for the building official to cause an investigation to be made of the work already done. The intent of the investigation is to determine to what extent the work completed complies with the code, and to describe with as much detail as possible the work that has been completed.

109.6   Refunds.   This section authorizes the building official to establish a policy for partial or complete refunds of fees paid to the department. Although not specified in the code, there are a variety of reasons why some level of a fee refund would be appropriate. One instance would be where the permit fee is collected in error. Another reason for authorizing a refund of the fees paid would be that circumstances beyond the control of the applicant caused delays and the eventual expiration of the building permit. Typically, the building official will withhold from the refund any monies expended by the department for related administrative activities that have taken place. It should be noted that the building official, when approving a fee refund, is authorizing the disbursement of public funds. Therefore, the building official must be sure that there is good cause for the refund to the applicant.

Section 110 Inspections

The inspection function is arguably the most critical aspect of building department operations. An important concept views that, as with the issuance of permits, inspections that presume to give authority to violations of the code are invalid. In general, the IBC charges the permit applicant with the responsibility of ensuring that the work to be inspected remain accessible and exposed until it is approved. Any expense incurred in the process of providing for an accessible and exposed inspection, such as the removal of gypsum board or insulation, is not to be borne by the building official or jurisdiction. Therefore, it is critical that work should not proceed beyond the point where an inspection is required.

110.3   Required inspections.   The code mandates seven typical inspections during the progress of construction of a building, as follows:

1.   Footing and foundation inspection

2.   Concrete slab and under-floor inspection

3.   Frame inspection

4.   Lath, gypsum board, and gypsum panel product inspection

5.   Fire-resistant and smoke-resistant penetrations inspection

6.   Energy efficiency inspection

7.   Final inspection

The IBC also gives the building official authority to require and make other inspections where necessary to determine compliance with the code and other laws and regulations enforced by the department. This includes those special inspections addressed in Section 1705. The need for either periodic or continuous inspection is established for construction that requires special expertise to ensure compliance. Another type of inspection is required in flood hazard areas. After the lowest floor level is established, but prior to additional vertical construction, the lowest floor elevation must be determined.

In each case for the required inspections identified in Section 110.3, the IBC is very specific as to how far the construction must have progressed prior to a request for an inspection. If it is necessary to make a re-inspection because work has not progressed to the point where it is ready for inspection, the building official may charge an additional fee under the general provisions of Section 109. A re-inspection fee is not specifically mandated, however, and normally would not be assessed unless the person doing the work continually calls for inspections before the work is ready for inspection. Such actions would typically cause increased costs to the jurisdiction not covered by the original building permit.

110.5   Inspection requests.   In general, the IBC charges the individual holding the building permit with notifying the department of building safety when it is time to make an inspection. The permit holder may also authorize one or more agents for this responsibility. The code places a duty upon the permit holder or their authorized agent to have the work to be inspected accessible and exposed, so it can be evaluated as to code compliance.

110.6   Approval required.   The code intends that no work shall be done beyond the point where an inspection is required until the work requiring inspection has been approved. Moreover, it is intended that work requiring inspection not be covered until it has been inspected and approved.

Section 111 Certificate of Occupancy

The tool that the building official utilizes to control the uses and occupancies of the various buildings and structures within the jurisdiction is the certificate of occupancy. The IBC makes it unlawful to use or occupy a building or structure unless a certificate of occupancy has been issued for that use. Furthermore, the code imposes the duty of issuing a certificate of occupancy upon the building official when he or she is satisfied that the building, or portion thereof, complies with the code for the intended use and occupancy.

Prior to use or occupancy of the building, the building official shall perform a final inspection as addressed in Section 110.3.10. If no violations of the code and other laws enforced by the department of building safety are found, the building official is required to issue a certificate of occupancy. Figure 111-1 illustrates the information that must be provided on the certificate of occupancy.

Figure 111-1   Certificate of occupancy.

Where a portion of a building is intended to be occupied prior to occupancy of the entire structure, the building official may issue a temporary certificate of occupancy. This situation would occur where partial occupancy is requested prior to completion of all work authorized by the building permit. Prior to issuance of a temporary certificate of occupancy, it is critical that the building official ascertain that those portions to be occupied provide the minimum levels of safety required by the code. In addition, the building official shall establish a definitive length of time for the temporary certificate of occupancy to be valid.

In essence, the certificate of occupancy certifies that the described building, or portion thereof, complies with the requirements of the code for the intended use and occupancy, except as provided for existing buildings undergoing a change of occupancy as regulated by the International Existing Building Code (IEBC®). However, any certificate of occupancy may be suspended or revoked by the building official under one of three conditions: (1) where the certificate is issued in error, (2) where incorrect information is supplied to the building official, or (3) where it is determined that the building or a portion of the building is in violation of the code or any other ordinance or regulation of the jurisdiction. The most common reason for suspending or revoking a certificate of occupancy is that the building is being used for a purpose other than that intended when approval for occupancy was granted. When a permit is issued, plans reviewed, inspections made, and a certificate of occupancy given, there is an expectation that the building will be used for specific activities. As such, the hazards associated with such activities can be addressed. However, where an unanticipated use occurs, there is the potential that the necessary safeguards are not in place to address the related hazards. An unauthorized use can be intentional or unintentional; however, it is no less a concern until the use is discontinued or the necessary remedies are in place.

It should be noted that the scoping language of this section in regard to existing buildings includes a change in either the use or occupancy classification of the building, or portion thereof. A key distinction in the application of the IBC concerns the terms “use” and “occupancy.” Most buildings have multiple uses, but often contain only a single occupancy. For example, an office building may have business areas, small storage areas, and small assembly areas, as well as support areas such as restrooms and mechanical equipment rooms. Although multiple uses occur in the building, it only contains a single occupancy, Group B. It is anticipated that all of the hazards that are anticipated as part of the building’s function can be effectively addressed through classification as a single occupancy group.

The reference to a change in “use” is not intended to address minor changes in use that are typical when new ownership or tenancy occurs. Rather, the need for a new certificate of occupancy only occurs where change in the use results in a significant increase in hazard level. As an example, where a Group B business office building undergoes a change of use to a Group B ambulatory care facility, additional fire- and life-safety safeguards are necessary in order to address the increased hazard due to the possible presence of health-care recipients who will be temporarily incapable of self-preservation. Although both types of facilities are classified as Group B occupancies, there is a distinct difference in their uses, and, as such, a new certificate of occupancy must be issued to address the change in use. Conversely, the provisions are not intended to require a new certificate of occupancy where the change in use creates little, if any, change in hazard level. For example, a change in use from a Group M grocery store to a Group M electronics store would not require issuance of a new certificate of occupancy.

Section 112 Service Utilities

The building official is authorized to control the connection release for any service utility where the connection occurs to a building or system regulated by the IBC. Such authority also includes the temporary connection of the service utility. Perhaps even more important, the building official is also granted authority for the disconnection of service utilities where it has been determined that an immediate hazard to life or property exists. As in all administrative functions, it is important that due process be followed.

Section 113 Board of Appeals

The IBC intends that the board of appeals have the authority to hear and decide appeals of orders and decisions of the building official relative to the application and interpretations of the code. However, the code specifically denies the authority of the board relative to waivers of code requirements. Based on the qualification level set forth by the code for board membership, it can be assumed that the board is intended as fundamentally a technical body. Any broader authority may place the board outside of its area of expertise, such as addressing internal administrative issues of the department. It should be noted that the board’s role is to hear and decide on appeals of decisions made by the building official. Until the building official makes his or her determination, the issue is not subject to board review.

The importance of a board of appeals should not be taken lightly. Its role is equivalent to that of the building official when it comes to technical questions placed before it, thus the need for highly qualified board members. The board is not merely advisory in its actions, but rather is granted the authority to overturn the decisions of the building official where the determination is within the scope as described by the code. An example would be an appeal requesting the use of an alternative method of construction previously denied by the building official. The alternative method would be permitted if found by the board to be equivalent to or better than that set forth in the code. Where the board of appeals is desired to take on a more expansive role, such as code adoption functions or contractor licensing oversight, those duties should be specifically granted by the jurisdiction. More detailed information on the qualifications and duties of a board of appeals is found in IBC Appendix B.

Section 114 Violations

The provisions of this section establish that violations of the code are considered unlawful and such violations shall be abated. Where necessary, a notice of violation may be served by the building official to the individual responsible for the work that is in violation of the code. Further action may be taken where there is a lack of compliance with the notice. The jurisdiction shall establish penalties based on the various specified violations.

Section 115 Stop Work Order

The stop work order is a tool authorized by the IBC to enable the building official to demand that work on a building or structure be temporarily suspended. Intended to be utilized only under rare circumstances, this order may be issued where the work being performed is dangerous, unsafe, or significantly contrary to the provisions of the code. A stop work order is often a building official’s final method in obtaining compliance on issues of extreme importance. All other reasonable avenues should be considered prior to the issuance of such an order.

The stop work order shall be a written document indicating the reason or reasons for the work to be suspended. It shall also identify those conditions where compliance is necessary before the cited work is allowed to resume. All work addressed by the order shall immediately cease upon issuance. It is important that the stop work order be presented to the owner of the subject property, the agent of the owner, or the individual doing the work. Only after all issues have been satisfied may work continue. Because of the potential consequences involved with shutting down a construction project, it is critical that the appropriate procedures be followed. Although a stop work order can be issued at any time during the construction process, the most common application of the provision is where work has commenced before or without the issuance of a building permit. The order is given to notify those affected parties that all work be stopped until a valid permit is obtained. An example of a stop work order is shown in Figure 115-1.

Figure 115-1   Stop work order.

Section 116 Unsafe Structures and Equipment

The provisions of this section are intended to define what constitutes an unsafe building and unsafe use of a building. Unsafe buildings and structures are considered public nuisances and require repair or abatement. The abatement procedures are indicated in this section, including the creation of a report on the nature of the unsafe condition. Written notice shall be provided and the method of service of such notice is specified in Section 116.4. Where restoration or repair of the building is desired, the provisions of the IEBC® for existing buildings are appropriate.