BUILDINGREGULATIONS: A SELF-HELP GUIDE FOR THE OWNER-BUILDER

Article Tools

Image Gallery

Print

E-mail

Comments

RSS

I'm sure you'll not be surprised if I tell you that the situation is covered in these omnipotent codes (with the sole exception of the NBC which has no such provisions). If additions, alterations, or repairs (within a 12-month period) exceed 50% "of the value of an existing building", then the whole building has to conform to code standards. BBC § 106.2, SBC § 101.4(a), UBC § 104(b). If the alterations exceed 25% of value (but not more than 50% within the 12-month period), the BBC and the SBC—§ 106.4 and § 101.4(c) respectively—state that it's up to the building inspector to determine how much of the building shall be made to conform, while the UBC § 104(c) provides that only those parts of the building being repaired need be brought up to code standards. If the alterations are under 25% during a 12-month period, all three codes-BBC § 106.5, SBC § 101.4(f), and UBC § 104(e) for non-structural repairs-allow that the repairs can be made of the same materials as those in the original construction.

So your course of action—if you're in this kind of situation—is clear: Don't make repairs totaling more than 25% of building value during a single 12-month period.

CODE-READING TECHNIQUE: Watch for these time period stipulations in the codes and learn to use them to your advantage. For example, check your local code to see if it tells you when to start counting the 12-month repair cycle (the model codes don't). If your code is silent on this point, then it seems to me that, for repairs totaling 40% of value done over a span of two months, you might argue that one 12-month period ended after the first month in which you made repairs and a new 12-month cycle started at the beginning of the second month! ... it's at least worth a try.

THE APPLICATION. In order to obtain governmental authorization to build, reconstruct, and—sometimes—repair any dwelling, each model code requires you to make application for a building permit. The models don't, however, set forth the form itself (they leave that in most instances to the building inspector), but they do prescribe a list of minimum requirements that the application must include.

The UBC § 301(b) is typical of the information sought on an application:

(b) APPLICATION. In order to obtain a permit the applicantshall first file an application therefor in writing on aform furnished for that purpose. Every such application shall:

1. Identify and describe the work to be covered bythe permit for which application is made;

2. Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

3. Indicate the use or occupancy for which the proposed work is intended;

RSS | Comments | E-mail | Print