Application Date & Code Cycle

[jar546]

We are entering a new year and for many, that means that January 1st brings a new code cycle to your department. I have a question that I would love to get some opinions on.

If someone applies through Planning & Zoning for a Development Order in December, but doesn't get approval until January and then applies for the Building Permit in January, after the new code cycle applies, can they still claim the previous code cycle for their project because they did apply to the jurisdiction for the project, albeit P&Z, prior to January?

 

[Sifu]

Can't answer for for any specific AHJ I work for because I don't them all. But, in my experience, if the have started the planning and design process on a project and submitted their intentions they are usually allowed to proceed under the code to which it was designed. However, plenty of notice is given that a code change is coming, so this isn't too common, and even after the date of adoption, many AHJ's have a period where both the old and new can be used.

I see some where they design to the anticipated code, even though not adopted. And sometimes the implementation dates are delayed beyond what was provided, so there is usually a lot of lee-way when new codes are being adopted.

 

[mtlogcabin]

If someone applies through Planning & Zoning for a Development Order in December, but doesn't get approval until January and then applies for the Building Permit in January,

Do you have to get P&Z approval prior to being permitted to apply for a building permit? Have you had any meetings or discussions with them about their building project?

 

[mtlogcabin]

I have the discretion to determine if the new code is applicable to the project or the old code.
The bigger question IMHO is whether the new code has significant impact on the building design with regards to life safety requirements.

(38) Upon the effective date of new requirements, administrative rules, and/or adoption of new editions of model codes, any building or project for which a legal building permit has been issued shall not be required to meet the new requirements. If the building or project is subsequently altered or remodeled, the alteration or remodel shall be subject to the applicable requirements in effect at the time of permit issuance for the new work. On a case-by-case basis, the building official shall have the discretion to determine if the process for issuance of a legal permit was substantially complete enough to warrant the exemption of the project or building from the new requirements, rules, or code provisions.

 

[fatboy]

We would typically advise the potential applicant that on 1/1/20XX, the adopted code will change to the more current version. We would allow them to apply for the permit under the code in effect at application. Usually, on 180-day extension would be granted. If they can't get their project compliant by then? So sorry, new code applies.

 

[TheCommish]

My take, if the project was know about warning should have been given to the applicant, the application to the building department has to be in and complete prior to the code change date. The approval of the permit could be held up by other departments.

This is not to say that an applicant could apply in July for a project that would not come out of planning and development in January to beat a first of the year code change.

 

[Paul Sweet]

In Virginia a project under design when a new version of the code is adopted may continue to be built under the previous edition for one year. We're (finally) getting set to adopt the 2021 codes and start the whole cycle over again.

 

[steveray]

Similar to FB....I would try to get them to apply before and our State grants modifcations if the project was "substatially designed to the old code for "X" months after the code change...

 

[Yankee Chronicler]

We are entering a new year and for many, that means that January 1st brings a new code cycle to your department. I have a question that I would love to get some opinions on.

If someone applies through Planning & Zoning for a Development Order in December, but doesn't get approval until January and then applies for the Building Permit in January, after the new code cycle applies, can they still claim the previous code cycle for their project because they did apply to the jurisdiction for the project, albeit P&Z, prior to January?

The answer may depend on the laws of the state or the jurisdiction. In my state, the building and fire codes applicable to a project are the codes in effect as of the date of the building permit application. Doesn't matter if they had zoning approval six months or six years prior. Zoning is separate from building (although there are some in town who like to think that the Building Department works for both the Zoning Department and the Department of Economic Development).

 

[arwat23]

Last code cycle refresh (for CA, it was January 2023) I submitted a large project for Planning and Building review. The local AHJ allows for any project submitted to the city before January 1st to use the previous code version. Even though the project was not approved until mid March 2023, they still let us use the 2019 codes. Not sure if that's a CA law or just the AHJ doing whatever they want... Never wanted to ask either.