• Welcome to the new and improved Building Code Forum. We appreciate you being here and hope that you are getting the information that you need concerning all codes of the building trades. This is a free forum to the public due to the generosity of the Sawhorses, Corporate Supporters and Supporters who have upgraded their accounts. If you would like to have improved access to the forum please upgrade to Sawhorse by first logging in then clicking here: Upgrades

Failure to complete construction

SCBO1

Platinum Member
Joined
Oct 28, 2009
Messages
4,352
Location
MID WEST
Curious how you handle the homeowner that attempts to build a garage and fails to do it in 180 days and asked for additional time?

Do you ask that they fill out another permit with the remaining cost estimated to complete?

I'm not sure the county assessor can assess the building for taxes, not that I care but... this is ridiculous.
 
Curious how you handle the homeowner that attempts to build a garage and fails to do it in 180 days and asked for additional time?

I'm not sure the county assessor can assess the building for taxes, not that I care but... this is ridiculous.

What do you care? When building new of course you have to get the utilities hooked up but as far as additions/remodles who cares? I had an inspector call me once saying he had 3 jobs of mine in his district that had never been finaled. I told him to go final them, if there is anything wrong let me know.
 
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 if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. 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.

We interpret the above section to mean 180 days from the last inspection (pass or failed). We do require a written request for an extension and a reason for the request. However we have never turned one down. Remember not all work authorized by a permit requires an inspection and therein maybe the problem if your revocation of a permit goes to court. Did the owner clean up the site or project? Did he paint, install trim, cabinets, siding or sub-flooring or any other work you normally do not inspect.
 
The concern is that OSB can go for about a year with no protection and this roof has exposed OSB.

Ad far as the assessor, not my problem.
 
The concern is that OSB can go for about a year with no protection and this roof has exposed OSB.

Ad far as the assessor, not my problem.


So on commercial projects what do you do about a permit/ project that goes over??
 
If OSB is deteriorating write correction to remove and replace, it doesn't meet like new requirements.
 
Last edited:
Last inspection, was a slab inspection.

OSB roof sheeting is grey and walls have not been completely covered.
 
I'm not seeing any deterioration to warrant removal.

Was more curious if additional fees are levied for the remaining work?
 
OSB isn't an exterior finish system, and requires weather protection. there's a couple of ways to write it up that choice is yours. JMO
 
If still in the scope of work and making progress we wouldn't charge any fees, only if it is apparent they abandoned the work and decided to start again. Then 1/2 the original fee, resubmit and new permit.
 
I believe - and enforce - 180 days from the date the permit was issued. I'm not keeping track of the actual day you begin construction (and starting the clock on the day of your first/last inspection makes no sense at all) - for the purposes of the code, your construction starts/permit is valid when I sign and date your permit. If you can't get it built in 6 months, then you owe me a request for an extension.

On day 179, if you come in and sign your name to a paper asking for an extension, you get 90 more days (code says, "not more than" 180, our policy is 90 at a time). And I'll do that on day 89 of as many 90 day periods as you want, as long as some kind of progress is being made.

If you come in on day 181, you're paying me for a new permit and your 180 starts over from that day.

If I don't see you at all after day 180, then the Property Maintenance code kicks in and you've got a "dangerous" or "unlawful" structure. If you're half done building and you run out of money, then you better come up with some quick - because the first time a neighbor complains, you're getting a Notice to tear whatever-it-is down.

______________________________________________________________________________________________________________________________


How this really works is: I call you on day 179 or thereabouts and say, "Hey, shoot me an email and ask for a permit extension", then you say "ok", and send me one. I extend it for 90 and we all live happily ever after. Seems to work out for the most part..
 
JC, what your doin, I like it, I'm just a bit to easy going here and the party is taking advantage of that. Sounds like that could work here.
 
What do you care? When building new of course you have to get the utilities hooked up but as far as additions/remodles who cares? I had an inspector call me once saying he had 3 jobs of mine in his district that had never been finaled. I told him to go final them, if there is anything wrong let me know.

I hope that the inspector asked you to coordinate inspections with the owners and get a request for inspection called in.
 
Last edited:
I believe - and enforce - 180 days from the date the permit was issued. I'm not keeping track of the actual day you begin construction (and starting the clock on the day of your first/last inspection makes no sense at all) - for the purposes of the code, your construction starts/permit is valid when I sign and date your permit. If you can't get it built in 6 months, then you owe me a request for an extension.

On day 179, if you come in and sign your name to a paper asking for an extension, you get 90 more days (code says, "not more than" 180, our policy is 90 at a time). And I'll do that on day 89 of as many 90 day periods as you want, as long as some kind of progress is being made.

If you come in on day 181, you're paying me for a new permit and your 180 starts over from that day.

If I don't see you at all after day 180, then the Property Maintenance code kicks in and you've got a "dangerous" or "unlawful" structure. If you're half done building and you run out of money, then you better come up with some quick - because the first time a neighbor complains, you're getting a Notice to tear whatever-it-is down.

______________________________________________________________________________________________________________________________


How this really works is: I call you on day 179 or thereabouts and say, "Hey, shoot me an email and ask for a permit extension", then you say "ok", and send me one. I extend it for 90 and we all live happily ever after. Seems to work out for the most part..
We have a similar system with longer time frames. Fifteen years is doable. Seen that. It's still in a stage of construction.
 
I hope that the inspector asked you to coordinate inspections with the owners and get a request for inspection called in.
Tiger, you must be confusing me with someone else, maybe the man in the skirt? I call when I want an inspection, if they are living in the house I don't need an inspection, you guys call and go see if you want. Home owners don't want finals because they trigger reassessments, nobody wants to get reassessed and pay more taxes, I even tell them they are going to get hit eventually and the damn county will hit them for an "escaped assessment" including penalties and interest.
 
I believe - and enforce - 180 days from the date the permit was issued. I'm not keeping track of the actual day you begin construction (and starting the clock on the day of your first/last inspection makes no sense at all) - for the purposes of the code, your construction starts/permit is valid when I sign and date your permit. If you can't get it built in 6 months, then you owe me a request for an extension.

You will get beat in court if it ever gets there..."is suspended or abandoned for a period of 180 days"...Legally, if I put in one nail, it is not abandoned and the burden of proof would be on you....Why would any of you charge someone for work they have already payed for?
 
If you want to fight me on a $30 permit fee (the garage in the OP) because I tell you you're expired when you call for an inspection, then I'm happy to go to court with you. If I lose then maybe we'll change the policy.

Our software here, poor as it is, spits me out a report once a month on open permits. I call the folks who are close to expiration, and every single time they've sent me an email or come in with a written request for an extension. Never once has someone told me no when I've asked. It will sometime happen I'm sure, but this is one of those times where waiting until it does is better for everybody, IMO.
 
Jcraver:

If your code uses the "commenced within 180 after issuance" language, you are wrong to assume the permit needs an extension within 180 days of you signing the permit. Commence means to start, it has nothing to do with finishing the project.
 
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 if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. 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.

So... Bubba can fire up the Bobcat and start excavation on day 179 and be legal and ask for an extension on day 180.

So... like ICE sez you could have a project that's fifteen years old and not completed.

So... in theory you could have several approved 180 day extensions on a project.
 
I love it when a city goes out and tells a person how fast to build thier Building.

We have had a few threads on that.
 
Jcraver:

If your code uses the "commenced within 180 after issuance" language, you are wrong to assume the permit needs an extension within 180 days of you signing the permit. Commence means to start, it has nothing to do with finishing the project.

Not the first time I've ever been wrong.

But like I said, I have no method available to me that will allow me to track the actual day you started work, nor the actual day you stopped. So until someone takes me to court and wins with your argument, your permit is good for 180 days from the day I sign it. It's even printed on the permit card I give you to post: "Permit expires 180 days from issue date".

And like PC says just below your post - on day 179 I can/will extend your permit, and I'll keep extending it as long as you need me to as long as you're making progress. That's the method that works, and the method that has so far gained the most compliance. "If it ain't broke don't fix it", and all that...
 
Top