Chapter 1 Scope and Administration
Part 1—Scope and ApplicationSection R101 Scope and General Requirements
R101.1 Title.
These provisions shall be known as the Residential Code for One- and Two-family Dwellings of [NAME OF JURISDICTION], and shall be cited as such and will be referred to herein as “this code.”
R101.2 Scope.
The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height.
Exception: The following shall be permitted to be constructed in accordance with this code where provided with an automatic sprinkler system complying with Section P2904:
- 1.
- 2.
Owner-occupied lodging houses with five or fewer guestrooms.
- 3.
A care facility with five or fewer persons receiving custodial care within a dwelling unit.
- 4.
A care facility with five or fewer persons receiving medical care within a dwelling unit.
- 5.
A day care facility for five or fewer persons of any age receiving care within a dwelling unit.
R101.2.1 Appendices.
Provisions in the appendices shall not apply unless specifically adopted.
R101.3 Purpose.
The purpose of this code is to establish minimum requirements to provide a reasonable level of safety, health and general welfare through affordability, structural strength, means of egress, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards and to provide a reasonable level of safety to firefighters and emergency responders during emergency operations.
Section R102 Applicability
R102.1 General.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
R102.2 Other laws.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
R102.3 Application of references.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
R102.4 Referenced codes and standards.
The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2.
Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer’s instructions shall apply.
R102.4.1 Conflicts.
Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
R102.4.2 Provisions in referenced codes and standards.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
R102.5 Partial invalidity.
In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
R102.6 Existing structures.
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
R102.6.1 Additions, alterations, change of use or repairs.
Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations, repairs and relocations shall not cause an existing structure to become less compliant with the provisions of this code than the existing building or structure was prior to the addition, alteration or repair. Where additions, alterations or changes of use to an existing structure result in a use, occupancy, height or means of egress outside the scope of this code, the building shall comply with the International Existing Building Code.
Part 2—Administration and EnforcementSection R103 Code Compliance Agency
R103.1 Creation of agency.
The [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
R103.2 Appointment.
The building official shall be appointed by the chief appointing authority of the jurisdiction.
R103.3 Deputies.
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the building official.
Section R104 Duties and Powers of the Building Official
R104.1 General.
The building official is hereby authorized and directed to enforce the provisions of this code.
R104.2 Determination of compliance.
The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of this code’s provisions. Such interpretations, policies and procedures:
- 1.
Shall be in compliance with the intent and purpose of this code.
- 2.
Shall not have the effect of waiving requirements specifically provided for in this code.
R104.2.1 Listed compliance.
Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the building official.
R104.2.2 Alternative materials, design and methods of construction and equipment.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved.
R104.2.2.2 Application and disposition.
Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the building official for approval. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons the alternative was not approved.
R104.2.2.3 Compliance with code intent.
An alternative material, design or method of construction shall comply with the intent of the provisions of this code.
R104.2.2.4 Equivalency criteria.
An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all the following, as applicable:
- 1.
Quality.
- 2.
Strength.
- 3.
Effectiveness.
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Durability.
- 5.
Safety, other than fire safety.
- 6.
Fire safety.
R104.2.2.5 Tests.
Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Such tests shall be performed by a party acceptable to the building official.
R104.2.2.6 Reports.
Supporting documentation, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections R104.2.2.6.1 and R104.2.2.6.2.
Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the building official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the building official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the building official.
Reports not complying with Section R104.2.2.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.
R104.2.3 Modifications.
Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided the building official shall first find that one or more special individual reasons make the strict letter of this code impractical, and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety or structural requirements. The details of the written request for and action granting modifications shall be recorded and entered in the files of the department of building safety.
R104.2.3.1 Flood hazard areas.
The building official shall not grant modifications to any provisions required in flood hazard areas as established by Table R301.2 unless a determination has been made that:
- 1.
- 2.
Failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable.
- 3.
The granting of modification will not result in increased flood heights, additional threats to public safety or extraordinary public expense; cause fraud on or victimization of the public; or conflict with existing laws or ordinances.
- 4.
The modification is the minimum necessary to afford relief, considering the flood hazard.
- 5.
Written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation and stating that construction below the design flood elevation increases risks to life and property, has been submitted to the applicant.
R104.3 Applications and permits.
The building official shall receive applications, review construction documents, issue permits, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
R104.3.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas.
For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by Table R301.2, the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or repair of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of Section R306.
R104.4 Right of entry.
Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or on any premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied, the building official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner, the owner’s authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry.
R104.4.1 Warrant.
Where the building code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or premises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the building code official for the purposes of inspection and examination pursuant to this code.
R104.5 Identification.
The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
R104.7 Official records.
The building official shall keep official records as required in Sections R104.7.1 through R104.7.5. Such official records shall be retained for not less than 5 years or for as long as the building or structure to which such records relate remains in existence, unless otherwise provided by other regulations.
R104.7.1 Approvals.
A record of approvals shall be maintained by the building official and shall be available for public inspection during business hours in accordance with applicable laws.
R104.7.2 Inspections.
The code official shall have the authority to conduct inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.
R104.7.3 Code alternatives and modifications.
Application for alternative materials, design and methods of construction and equipment in accordance with Section R104.2.2; modifications in accordance with Section R104.2.3; and documentation of the final decision of the building official for either shall be in writing and shall be retained in the official records.
R104.8 Liability.
The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be personally liable, either civilly or criminally, and is hereby relieved from personal liability for any damage accruing to persons or property as a result of an act or by reason of any act or omission in the discharge of official duties.
R104.8.1 Legal defense.
Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
R104.9 Approved materials and equipment.
Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.
R104.9.1 Materials and equipment reuse.
Materials, equipment and devices shall not be reused unless such elements are in good working condition and approved.
Section R105 Permits
R105.1 Required.
Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.
R105.2 Work exempt from permit.
Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
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Building:
- 1.
Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 200 square feet (18.58 m2).
- 2.
Fences not over 7 feet (2134 mm) high.
- 3.
Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
- 4.
Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
- 5.
Sidewalks and driveways.
- 6.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
- 7.
Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
- 8.
Swings and other playground equipment.
- 9.
Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
- 10.
- 1.
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Electrical:
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Listed cord-and-plug connected temporary decorative lighting.
- 2.
Reinstallation of attachment plug receptacles but not the outlets therefor.
- 3.
Replacement of branch circuit overcurrent devices of the required capacity in the same location.
- 4.
Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
- 5.
Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
- 1.
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Gas:
- 1.
Portable heating, cooking or clothes drying appliances.
- 2.
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
- 3.
Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
- 1.
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Mechanical:
- 1.
Portable heating appliances.
- 2.
Portable ventilation appliances.
- 3.
Portable cooling units.
- 4.
Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
- 5.
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
- 6.
Portable evaporative coolers.
- 7.
Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
- 8.
Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
- 1.
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Plumbing:
- 1.
The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
- 2.
The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
- 1.
R105.2.1 Emergency repairs.
Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.
R105.2.2 Repairs.
Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or loadbearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
R105.2.3 Public service agencies.
A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of public service agencies by established right.
R105.3 Application for permit.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:
- 1.
Identify and describe the work to be covered by the permit for which application is made.
- 2.
Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
- 3.
Indicate the use and occupancy for which the proposed work is intended.
- 4.
- 5.
State the valuation of the proposed work.
- 6.
Be signed by the applicant or the applicant’s authorized agent.
- 7.
Give such other data and information as required by the building official.
R105.3.1 Action on application.
The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.
R105.3.2 Time limitation of application.
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
R105.4 Validity of permit.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.
R105.5 Expiration.
Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
R105.6 Suspension or revocation.
The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.
R105.7 Placement of permit.
The building permit or a copy shall be kept on the site of the work until the completion of the project.
R105.8 Responsibility.
It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code.
R105.9 Preliminary inspection.
Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
Section R106 Construction Documents
R106.1 Submittal documents.
Submittal documents consisting of construction documents, and other data shall be submitted in two or more sets, or in a digital format where allowed by the building official, with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code.
R106.1.1 Information on construction documents.
Construction documents shall be drawn upon suitable material. Electronic media documents are permitted to be submitted where approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.
R106.1.2 Manufacturer’s installation instructions.
Manufacturer’s installation instructions, as required by this code, shall be available on the job site at the time of inspection.
R106.1.3 Information on braced wall design.
For buildings and structures utilizing braced wall design, and where required by the building official, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top and bottom shall be provided.
R106.1.4 Information for construction in flood hazard areas.
For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2, construction documents shall include:
- 1.
Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate.
- 2.
The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade.
- 3.
- 4.
If design flood elevations are not included on the community’s Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources.
R106.2 Site plan or plot plan.
The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted.
R106.3 Examination of documents.
The building official shall examine or cause to be examined construction documents for code compliance.
R106.3.1 Approval of construction documents.
Where the building official issues a permit, the construction documents shall be approved in writing or by a stamp that states “REVIEWED FOR CODE COMPLIANCE.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
R106.3.2 Previous approvals.
This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
R106.3.3 Phased approval.
The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted.
R106.4 Amended construction documents.
Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
R106.5 Retention of construction documents.
One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws.
Section R107 Temporary Structures and Uses
R107.1 General.
The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.
R107.2 Conformance.
Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.
R107.3 Temporary power.
The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70.
R107.4 Termination of approval.
The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
Section R108 Fees
R108.1 Payment of fees.
A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
R108.2 Schedule of permit fees.
On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.
R108.3 Building permit valuations.
Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor.
R108.4 Related fees.
The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
R108.5 Refunds.
The building official is authorized to establish a refund policy.
R108.6 Work commencing before permit issuance.
Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fees.
Section R109 Inspections
R109.1 Types of inspections.
For on-site construction, from time to time the building official, upon notification from the permit holder or his agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code.
R109.1.1 Foundation inspection.
Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations.
R109.1.2 Plumbing, mechanical, gas and electrical systems inspection.
Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.
R109.1.3 Floodplain inspections.
For construction in flood hazard areas as established by Table R301.2, upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including basement, required in Section R306.
R109.1.4 Frame and masonry inspection.
Inspection of framing and masonry construction shall be made after the roof, masonry, framing, firestopping, draftstopping and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved.
R109.1.5 Other inspections.
In addition to inspections in Sections R109.1.1 through R109.1.4, the building official shall have the authority to make or require any other inspections to ascertain compliance with this code and other laws enforced by the building official.
R109.1.5.1 Fire-resistance-rated construction inspection.
Where fire-resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after lathing or gypsum panel products are in place, but before any plaster is applied, or before panel joints and fasteners are taped and finished.
R109.1.6 Final inspection.
Final inspection shall be made after the permitted work is complete and prior to occupancy.
R109.2 Inspection agencies.
The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
R109.3 Inspection requests.
It shall be the duty of the permit holder or their agent to notify the building official that such work is ready for inspection. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of such work.
R109.4 Approval required.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.
Section R110 Certificate of Occupancy
R110.1 Use and change of occupancy.
A building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
R110.2 Certificate issued.
After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department, the building official shall issue a certificate of occupancy containing the following:
- 1.
The permit number.
- 2.
The address of the structure.
- 3.
The name and address of the owner or the owner’s authorized agent.
- 4.
A description of that portion of the structure for which the certificate is issued.
- 5.
A statement that the described portion of the structure has been inspected for compliance with the requirements of this code.
- 6.
The name of the building official.
- 7.
The edition of the code under which the permit was issued.
- 8.
Where an automatic sprinkler system is provided and whether the sprinkler system is required.
- 9.
Any special stipulations and conditions of the building permit.
R110.3 Temporary occupancy.
The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.
R110.4 Revocation.
The building official is authorized to suspend or revoke a certificate of occupancy issued under the provisions of this code, in writing, wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of the provisions of this code or other ordinance of the jurisdiction.
Section R111 Service Utilities
R111.1 Connection of service utilities.
A person shall not make connections from a utility, a source of energy, fuel or power, or water system or sewer system to any building or system that is regulated by this code for which a permit is required, until approved by the building official.
R111.2 Temporary connection.
The building official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel or power, water system or sewer system for the purpose of testing systems for use under a temporary approval.
R111.3 Authority to disconnect service utilities.
The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section R111.1 or R111.2. The building official shall notify the serving utility and where possible the owner or the owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner, the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
Section R112 Means of Appeals
R112.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
R112.2 Limitations on authority.
An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
R112.3 Qualifications.
The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code and are not employees of the jurisdiction.
R112.4 Administration.
The building official shall take action without delay in accordance with the decision of the board.
Section R113 Violations
R113.1 Unlawful acts.
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
R113.2 Notice of violation.
The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
R113.3 Prosecution of violation.
If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
R113.4 Violation penalties.
Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.
Section R114 Stop Work Order
R114.1 Authority.
Where the building official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the building official is authorized to issue a stop work order.
R114.2 Issuance.
The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.
R114.3 Emergencies.
Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work.
R114.4 Failure to comply.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction.