• 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

Who Has Jurisdiction

docgj

Silver Member
Joined
Oct 29, 2009
Messages
123
Location
PA
Commercial remodel. Half of the building is in one of my municipalities the other half is covered by another code officer. What is everbodies opinion on who should have jurisdiction? Or each do his half?

docgj
 
Re: Who Has Jurisdiction

Legally I don't know but you will have to work together and split the permit fee unless the other municipality gives you authority in writing.

Nice time to make a call to the solicitor for your municipalities.
 
Re: Who Has Jurisdiction

Obviously, continuity could be problematic with 'split jurisdiction'. I think Jeff makes a good point - talk to the respective attorneys for the involved jurisdictions first to get a legal opinion and second to get advise as to the most practical approach regardnig the renovation.

Across the river, here in NYS, Orange and Sullivan Counties had an Assessors group go over common boundaries a few years ago. At the heart of it was a property owner whose home was on or near a boundary between not only two towns, but two counties as well. Poor guy was paying FULL taxes to both due to a disagreement over exactly where the line was. The intent was to rectify the lines such that there were no split properties.

Occasionally done in the past to provide things like sewer service to someone on the edge of a district, lot splitting is a regulatory nightmare. Let us know how it turns out.
 
Re: Who Has Jurisdiction

In a previous jurisdiction I worked at we had the same situation. Half was permitted by the city and the other half by the county. The county building inspector approved his half for cover but the contractor covered the wrong side. After that we agreed the city would permit and inspect the whole project.

I would get with the other jurisdiction and decide which entity would do the entire project.
 
Re: Who Has Jurisdiction

I can echo some of the stories mentioned above.

In one instance we had to process the project through each entity. In another, however, the two jurisdictions settled up and decided who would take point on the whole process. Fees were divided unequally so that the cost of filling was covered by the non-reviewing entity but the majority of the fee went to the one that was doing the review and inspection.

Are you better at arm-wrestling or would you rather just flip a coin? :mrgreen:
 
Re: Who Has Jurisdiction

The one that gets the taxes does the inspections of entire building

the two ahj's need to set down and come up with a plan, no reason for both to inspect. Just make sure each one's wants/ codes are taken care of.
 
Re: Who Has Jurisdiction

I agree with cda. I had one house that crossed state lines. We did some combined inspections. Most of the project ended up with me. The real issue and fight was the address and how they would be taxed. :roll:
 
Re: Who Has Jurisdiction

than there was one small merc building in two ahj's and one register.

Where the register was located was who had jurisdication
 
Re: Who Has Jurisdiction

Waiting for paperwork to come in.

After doing a drive by of the property...It appears that the muncipal line runs between two of the buildings. That should make the permitting easier. I hope!

docgj
 
Re: Who Has Jurisdiction

cda said:
The one that gets the taxes does the inspections of entire buildingthe two ahj's need to set down and come up with a plan, no reason for both to inspect. Just make sure each one's wants/ codes are taken care of.
thats what we do here. make sure that each jurisdiction's planning,zoning and building dept's are satisfied and then decide who get's to issue the permit and perform inspections.
 
Top