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Code Administration Question of the Day 2 Aug 2018

jar546

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Scenario:

You have an existing commercial building that consists of 2 empty old "store fronts" on the bottom, facing the street and residential apartments above. It is an older building, Type V construction, NS (non-sprinklered).
A municipal permit research reveals no permitting back as far as you can check and a check with the State that handled all commercial permitting also reveals no C of O or past permit. It is essentially an "uncertified building" that has been in existence for years.

A new tenant wants to put in a tattoo parlor and fills out a permit application stating they are not going to do any work other than place a counter and use 1 room for a tattoo station. There is 1 bathroom in the location (approximately 800 square feet) that is extremely small and in no way even comes close to ADA accessible.

Questions:

Q1) Will you require the restroom to be ADA compliant?

Q2) Would you require a permit at all?
 
Just a counter, no other remodeling / alterations? If it's truly just a counter that he's putting in, then I'm going to drive right by. I might even wave.

No (building) permit req'd. for a counter.


In real life - I'm going to have to check the zoning and make sure it complies with our code, then check with the Health Dept. and see what they require for tattoo parlors. My suspicion is that once the HD is done listing their requirements he's going to have substantial renovations to make, which would then require a building permit from me.
 
Just a counter, no other remodeling / alterations? If it's truly just a counter that he's putting in, then I'm going to drive by right by. I might even wave.

No (building) permit req'd. for a counter.

No further follow up
 
Just a counter, no other remodeling / alterations? If it's truly just a counter that he's putting in, then I'm going to drive by right by. I might even wave.

No (building) permit req'd. for a counter. IBC 105.2 - (7 & 13)

Route to the tattoo parlor should be made accessible if feasible. I might want a tattoo of a huey with big teeth, eyes and guns a blazing!
 
Q1) Will you require the restroom to be ADA compliant?

Would consider it to be an existing use, no change in accessibility.

Q2) Would you require a permit at all?

No, with no electrical or structural changes.
 
@ @ = @ @

Q1): Will you require the restroom to be ADA compliant?
No, Technically infeasible !


Q2): Would you require a permit at all?
Yes !.....Probably a "low cost permit" to assist in the
opening of a new business in my jurisdiction, to check the
restroom functionality, ...the electrical conditions, ...the
Zoning, ...Smoke Detectors, ...the Site address, ...where
will customers park and in conjunction with the Health
Dept.


@ @ = @ @
 
Yes a permit required in PA. It is a none Certified Building, The counter and primary function needs to be accessible. Parking may also be an if there is no accessible route. In PA because it is a uncertified building it needs a CO.
May not need the bathroom up grade if the accessible route is 20% of the costs.
 
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OK, for all of those that don't require a permit, which means you will not issue an C of O:

Q) Are you in the habit of allowing new businesses to open without a C of O in an uncertified building that never had a C of O?

Q) What do you do when a business says they need a C of O for a health license? Do you wave a magic wand?
 
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As part of our Business Licensing process, we will go in and basically do a Fire Business Inspection/safety inspection and require corrections made, then we issue a new C.O. in the business name, with the business license.

If it ends up being a change of use? Gloves off, full compliance with new use.

Works for us.
 
We would typically only get involved if there was a change of use.

Our code only permits retroactivity for two reasons; where the building did not comply with the code when it was constructed, or where it was constructed to code, but there exists a significant risk to life safety (violation of current code) in the opinion of the AHJ.
 
No business licensing here - as long as your use is a permitted use in our zoning code, then you can open with no interaction from me whatsoever. I might get to come see you if you need a sign and apply for a sign permit. If there are complaints of PM violations after you open, you'll see me then too.

If you call me and ask for a CO on a building that's never had one, you're not going to get it. I'll give you a zoning compliance letter if you're in compliance with the zoning regs., but that's it.
 
No business licensing here - as long as your use is a permitted use in our zoning code, then you can open with no interaction from me whatsoever. I might get to come see you if you need a sign and apply for a sign permit. If there are complaints of PM violations after you open, you'll see me then too.

If you call me and ask for a CO on a building that's never had one, you're not going to get it. I'll give you a zoning compliance letter if you're in compliance with the zoning regs., but that's it.

Some businesses such as used car lots, beauty shops, etc are required to have a CofO in order for them to get their business license for a location with the State.
 
City Clerk issues a business license as long as the occupancy class does not change, then your in like flint.

I will not issue a CO if I didn't do the inspections unless a special inspector is used reliving me of the over site.
Schools for some reason needs that CO for the state requirements.

I have GC's ask for a CO on tenant finishes, but only if the OC changes for that space will I issue a CO.

I wish the IEBC was a little easier to use, just not use to it like you fellas.
 
No business license here. Food and/or alcohol establishments require local zoning, building, and fire approval before state will issue license.
 
As part of our Business Licensing process, we will go in and basically do a Fire Business Inspection/safety inspection and require corrections made, then we issue a new C.O. in the business name, with the business license.

If it ends up being a change of use? Gloves off, full compliance with new use.

Works for us.

Pretty much the same, except we just sign off on the business license, no CO.
If they request a CO then Building & Fire do inspections and if pass the will issue a CO, But only on bldgs. the State requires CO for their State License, the other would be a compliance letter.
 
Some businesses such as used car lots, beauty shops, etc are required to have a CofO in order for them to get their business license for a location with the State.

Different strokes for different folks (or states, I guess). I've never had anyone ask for one here (IL) for licensing purposes. I've done a million zoning compliance letters, though.
 
Yes JCarver: PA has within its regulations Certified & Un-certified buildings. This is different than many other states. EXample: Just had a VW agency change ownership. Building was and is a lawful certified building and we issue a new CO for the new owner if the building meets basic live safety elements.
 
Usually those compliance (forms) want to know if there's a CO issued or if the building burns to the ground, can they rebuild.

Oh no, I don't fill out their forms*. I give them a letter on my office letterhead that states they comply with our zoning provisions, and then I sign it. That's all they get.

* - I do fill out the provided form for auto body shops that comes from the State. It says (and this is a pretty near accurate quote): "I ______________ certify that this location meets the zoning requirements of (village, town, city)." Then we notarize it and away it goes.
 
At my current station, the Building Dept. will not know about it. The Planning Dept. might hear about it. The Health Dept. probably will.

I have worked cities that require an inspection whenever a business license is issued. That inspection did not require a permit. I would find bootlegged work and dangerous conditions and then require relevant permits.
 
If it ends up being a change of use? Gloves off, full compliance with new use.

Agreed...The State here takes technical infeasibility on themselves (sort of)....So if we had to go down that road, they would have to talk to the State....We sort of grandfather old buildings as long as they meet the min. State fire code...
 
Scenario:
A new tenant wants to put in a tattoo parlor and fills out a permit application stating they are not going to do any work other than place a counter and use 1 room for a tattoo station.

Questions:

Q1) Will you require the restroom to be ADA compliant?

Q2) Would you require a permit at all?

A1) Owner or tenant choice of where to make improvement and does not have to exceed 20% of the alterations to the primary function area in accordance with the following provision.
IEBC 410.7 Alterations affecting an area containing a primary function. Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible. The accessible route to the primary function area shall include toilet facilities or drinking fountains serving the area of primary function.
Exceptions:
1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.

A2) Not in accordance with the Virginia Code.
USBC 108.2 Exemptions from application for permit. Notwithstanding the requirements of Section 108.1, application for a permit and any related inspections shall not be required for the following; however, this section shall not be construed to exempt such activities from other applicable requirements of this code. In addition, when an owner or an owner’s agent requests that a permit be issued for any of the following, then a permit shall be issued and any related inspections shall be required.

Construction work deemed by the building official to be minor and ordinary and which does not adversely affect public health or general safety.
 
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