• 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

Ilegal issued permit

One last question,,,

This is a new house on a new lot, that never has had a house?????
 
Im reading through the “road commission for oakland county” website, and it says if the street that the driveway ties into is paved, the driveway needs to be paved. If the street is not paved, the driveway does not need to be paved. I didnt see any exception for small lots.

You said no driveway was shown on the plans. So that makes me think the contract price did not include a drive, and you got what was on the contract documents. If the city or county had refused to issue the permit unlesss a drive was shown, i suspect the contractor would hav3 increased the price to cover the additional work.
 
Who is the permit holder? you? your contractor? if your contractor, then I say he's responsible to produce in accordance with the law. If he conned you into applying for the permit - Caveat emptor.

2015 MRC
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.
 
One last question,,,

This is a new house on a new lot, that never has had a house?????
There was a duplex burnt down few yrs ago- it too was 100 yrs old- it had a gravel drive on each side of the 30 ft wide 2 story- and there were 2 curb cuts for the drives still there also never addressed and one drive leades right into the house (new) forcing me to come up with some kind of appealing bumper guard so some drunk frien dont run thu living room- all un addressed when permit was issued
 
Who is the permit holder? you? your contractor? if your contractor, then I say he's responsible to produce in accordance with the law. If he conned you into applying for the permit - Caveat emptor.

2015 MRC
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.

Builder pulled permit- above or on another board someone said a builder is only required to build it to code but not to know the code- said owners responsible for that---I question that thinking.
 
I disagree. Guess it depends on the state. When i got my gc license, a major part of the exam was the ibc.
I disagree as well- I had a electrical inspector tell my son in law journeyan who was told to stand inspection for jobs he did not do- " I told you to correct all these violations last time- if you do not- I will try to jerk your license" in Michigan. So saying a guy can not be responsible for something he did ( use his buddy inspector to go around city ordinance to submit site plan) just so he can build and collect on house seems preposturous
 
It may be of benefit to you to speak to the Building Official and see if you can get a temporary Certificate of Occupancy while you get things worked out with the contractor. Be Nice and explain your situation. May work & might not but worth a try. Here any new structure requires the paved parking, no way out of it, but as said sometimes we will work with people to get it done in XXX amount of days on a Temp. CO.
 
Builder pulled permit- above or on another board someone said a builder is only required to build it to code but not to know the code- said owners responsible for that---I question that thinking.

Not true. In Michigan the builder is required to know the code, including possessing a current copy of the code, and taking continuing competency classes to renew his/her license.

http://www.legislature.mi.gov/(S(kk...g.aspx?page=getObject&objectName=mcl-339-2411
https://www.michigan.gov/documents/lara/BuilderComplaintForm_635073_7.pdf
http://www.legislature.mi.gov/(S(kk....aspx?page=getObject&objectName=mcl-339-2404b
 
Went to see build inspector- was nice- told him handshake deal- I am following his demand- drawing up un-submitted site plan with drive - took 4 hrs will submit for approval or modificatin on Thursday. Did say temp occ would be considered maybe install base (gravel) to get final, then in spring cement what part he needs cemented over base as described by one plumb above. Now to find a guy. Got $5.50 sq ft for base, labor, cement-----same guy 2.00 sf for labor on cement......said 1.00 sf to spread base....but busy....frost soon. Thanks all here.
 
Top