The Value of the

Permit ProcessRobert Rice, Josephine County

Building Safety Director

Introduction/Welcome

• Personal Background:

• 10 years in Construction/Destruction• Returned to College: AAS Manufacturing

CAD/CAM - RCC• 7 Years in Engineering Firm as a Drafter doing

structural, mechanical, electrical & plumbing plans using AutoCAD

• 3 Years w/ Engineering Firms as a Structural Designer

• 4 Years as Plans Examiner for Jo Co Building Safety

• Josephine County Building Safety Director since 2007

Certifications

• State of Oregon A-level Plans Examiner• State of Oregon Residential Plans Examiner• State of Oregon Residential Inspector• State of Oregon Post-Earthquake Evaluation• State of Oregon Manuf. Dwelling Inspector• State of Oregon Inspector Certification

• ICC Residential Inspector• ICC Building Plans Examiner• ICC Residential Plans Examiner• ICC Building Official – Legal / Administrative• ICC Fire Plans Examiner

Other Related Interests/Involvement • RCC Part Time Instructor:

– AutoCAD, CADkey, DataCAD– Blueprint Reading I & II (10 years)

• President of the Southern Oregon Chapter of the International Code Council (ICC) representing 15 jurisdictions in our region

• Actively Involved in code changes at the State and National level to help make better codes

Topics

• History of Building Codes• Model Code Development• Oregon’s Code Adoption Process• Permitting Process• Inspections• Certificate of Occupancy

The History of Building Codes

Babylonian Empire of Hammurabi

• Oldest know written code pertaining to building construction.

• Around 2000 B.C.

• However, it was more about prescribing punishment than how to build.

Building Code of Hammurabi

• Translations:

• 228: If a builder has built a house for a man and his work is not strong, and if the house he has built falls in and kills the householder, that builder shall be slain.

Building Code of Hammurabi

• Translations:

• 230: If the child of the householder be killed, the child of that builder shall be slain.

• 231: If the slave of the householder be killed, he shall give slave for slave to the householder

Building Code of Hammurabi

• Translations:

• 232: If goods have been destroyed, he shall replace all that has been destroyed……

• 233: If a builder has built a house for a man, and his work is not done properly and a wall shifts, then that builder shall make that wall good with his own silver

The earliest “Modern” Building codes

were a result of tragic catastrophes.

Burning of Rome 64 A.D.

The rebuilding of the city, public and private,

was closely monitored and controlled.

London Fire 1866

5 days/nights

15,000 buildings destroyed

Parliament enacted a building code called “London Building Act”

Chicago Fire - 1871

2 days/nights

17,000 buildings destroyed

250 lives lost

100,000 homeless due to fire

60 insurance companies went bankrupt

Early controls in the United States

Wooden chimneys were forbidden in New York as early as of 1648 and inspectors were appointed.

Fire district created in 1766 where “..all buildings shall be made of stone or brick and roofed with tile or slate.”

Pre-1994 Legacy Code GroupsPre-1994 Legacy Code Groups

BOCA: (Northern and Eastern States)Building Officials and Code Administrators International, Inc. Established 1915

ICBO (Western States)International Conference of Building OfficialsEstablished 1922

SBCCI (Southern States)Southern Building Code Congress International, Inc. (SBCCI). Established 1940

Since the early part of the last century, these nonprofit organizations developed the three separate sets of model codes used throughout the United States.

Although regional code development has been effective and responsive to our country’s needs, the time came for a single set of codes.

The nation’s three model code groups responded by merging into the International Code Council (ICC) and by developing codes without regional limitations known as the International Codes.

INTERNATIONAL CODE COUNCIL www.iccsafe.org

The International Code Council (ICC) was established in 1994 as a nonprofit organization dedicated to developing a single set of comprehensive and coordinated national model construction codes.

ICC Vision

Protecting the health, safety, and welfare of people by creating better buildings and safer communities.

ICC Mission

Providing the highest quality codes,standards, products, and services for allconcerned with the safety and performanceof the built environment.

So, who are these people that actually writes the codes?

Lawmakers in Washington DC ?

Lawmakers in Washington DC

INTERNATIONAL CODE COUNCIL

Code Development Process

13 ICC I-Codes Building: International Building Code (IBC)International Residential Code (IRC)

Fire:International Fire Code (IFC)International Wildland Urban Interface Code (IWUIC)

Plumbing and MechanicalInternational Fuel Gas Code (IFGC)International Mechanical Code (IMC)International Plumbing (IPC)International Private Sewage Disposal Code (IPSDC)

13 ICC I-Codes (cont)

Existing Buildings: International Existing Building Code (IEBC)International Property Maintenance Code (IPMC)

Specialty: International Energy Conservation Code (IECC)ICC Performance Code for Buildings and Facilities International Zoning Code (IZC)

• Characteristics of International Codes

• Each code is comprehensive• All codes are coordinated and compatible with

each other• All codes are developed according to the same

process in the same forum• All codes reference consensus national

standards

• Coordination of I-codes

• Defined scope of each code

• Interdependence and reliance on the entire family of codes - cross referencing and duplication of provisions within code scopes

• Issues resolved in a single and central public forum

• Single interpretation applies to all codes

Development Process Goal

Utilize a process open to all parties with safeguards to avoid domination by proprietary interests.

ICC Governmental Consensus Process achieves this with the final vote resting with those enforcing the codes.

• The players:

• Code officials• Design professionals/consultants• Trade associations• Builders/contractors• Manufacturers/suppliers• Government agencies • Property owner/maintenance groups• Insurance companies• Anyone with an interest

Gary Ehrlich

National Home Builders Association

Kelly Cobeen, P.E.

Cobeen and Associates, Inc

Professor Dan Dolan, P.E. S.E.

University of Washington

Ed Keith, P.E.

American Plywood Association

Randy Shackleford, P.E.

Simpson Strong-Tie

Robert Rice

Building Official

• The Process

• Hearings are according to “Robert’s Rules of Order” where motions are made, discussed and voted on.

• Open• Transparent• Balance of Interest• Due Process• Appeals Process• Consensus

Code ChangesSubmitted

Code Development Hearing

Public Hearing ResultsPrinted & Distributed

Code ChangesPrinted & Distributed

Public CommentsSought on PublicHearing Results

Public CommentsPrinted & Distributed

Final ActionHearing

Supplement Or NewEdition Published

I-CODE DEVELOPMENTCYCLE

Code Development Hearing

• 13 Code Committees. One for each code, except:– IBC 4 Subcommittees– IFC & IWUIC combined– IPC & IPSDC combined– IPMC & IZC combined– IRC 2 Subcommittees

• Anyone can attend and testify. No cost to attend the hearings

Code Committees

• Materially affected interests represented

• Not less than 33% of each committee is to be regulators

• All meetings in public forum

• All actions and reasons for action published

Code Development Hearing(Speaking to the Committee)

• Committee action

– Approval as Submitted (AS)– Approval as Modified (AM)– Disapproval (D)

Code Development Hearing(Speaking to the Committee)

• Committee action– Approval as Submitted (AS)– Approval as Modified (AM)– Disapproval (D)

• Assembly action– All members of ICC can vote in response to

committee action (e.g. Overturn committee action)

– Successful assembly action results in an automatic public comment

Public Comment Submittal

• Allows anyone to submit a comment (“Public Comment”) in response to the results of the Code Development Hearing

Public Comment Submittal

• Disagree with the committee action• Disagree with the assembly action• Propose revisions (“modifications”) to the code

change. Further revisions proposed in legislative format.

• Public Comments are then published in the Final

Action Agenda

Final Action Hearing(Speaking to the Assembly)

• Anyone can attend and testify. No cost to attend the hearings.

• Agenda:

– Consent agenda: Block vote on all code changes which did not receive a public comment or successful assembly action

– Individual Consideration Agenda: Vote individually on each code change which received a public comment or successful assembly action

Final Action Hearing

Final vote on whether or not to change the code rests with the Governmental Member Representatives – those who enforce the code and are charged with the public’s safety– Open, fair and objective with no proprietary

interest

Bill Bryant

Moderator - ICC Staff

Final Action Hearing

Assembly casts final votes

Final vote after support and opposition speakers

Results of Code Development

• First edition of full family of I-Codes in 2000

• Editions follow every 3 years after 2000

• Intervening Supplement between Editions

Conclusions

The ICC remains dedicated to a single family of comprehensive and coordinated model codes. The ICC process allows all interests to participate in the code development process.

State of Oregon

• Prior to 1973 the State of Oregon had codes in place for:

• Electrical• Boilers• Elevators• Mobile Homes• Plumbing (But, permits/insp’s not required)

State of Oregon

• Prior to 1973 some communities/cities had adopted other codes such as building and mechanical

• Unfortunately, this lead to the lack of uniformity across the state

State of Oregon

• In 1973 the state legislature passed a law requiring state-wide specialty codes for structural, mechanical, electrical, plumbing, etc.

• A key concept of the legislation was state-wide uniformity

State of Oregon

• Building Codes Division is charged through Statute to adopt and implement codes to ensure safe buildings.

State Adoption Process

• Process starts with the appropriate “model” code (Typically an ICC code)

• Any interested person can submit a code change proposal that meets certain criteria defined in statute.

• The proposals are reviewed by committee.

• Any person can attend and testify.

• The committee is made up of industry representatives, Building Officials, Engineers and others.

• It serves the purpose of reviewing the proposed changes and adoption of each specialty code

State Adoption Process (Cont.)

The Committee

State Adoption Process (Cont.)

• Committee makes recommendation to the appropriate board.

• Board reviews the proposal and sends recommendation to the Director of BCD for approval or denial.

• The committee is made up of industry representatives, Building Officials, Engineers and others.

• The Board is permanent and serves the purpose of dealing with all the issues regarding each specialty code.

State Adoption Process (Cont.)

The Board

•

State

Code

Changes

In the case of the residential code, the 2003 IRC “model” code became our 2005 Oregon Residential Specialty Code

State Adoption Process (Cont.)

The end result

Josephine County

• Through statute, local jurisdictions can establish a building safety department and assume the duties of administering the states codes locally.

Scope of the Residential Code

• R101.2 Scope. The provisions of the Oregon Residential Specialty Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings ….

Purpose of the Residential Code

• R101.3 Purpose. The purpose of this code is to provide minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment.

•

The Permitting Process

Application for permit

Plan review when required

Permit issuance

Inspections

Certificate of Occupancy (for new construction)

The Permit Process

Permit Application

Plan Review

Inspections

Certificate ofOccupancy

“Value-added” service

Upon completion of permit / inspection process there is assurance that the building meet’s

the States minimum code

Permits and Inspections Required

• R108.4 Work commencing before permit issuance. Any person who commences any work on a building or structure before obtaining the necessary permits shall be subject to an investigation fee equal to the permit fee that shall be in addition to the required permit fees.

Permits and Inspections Required

• R109.1 Inspections. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved………..It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

Work done without permits

• R109.4 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official.

• …………Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

• Procedures for work done without permits

• Provide a scaled floor plan drawing(s) to the Building Department for plan review the same as for new construction showing;– Walls, doors, windows, with dimensions and room

name/use.– Fire & Life safety information such as smoke

detectors, emergency escapes and rescue openings, stair riser heights & tread depths, handrails, etc.

• After plan review, obtain the necessary permits.

• Correct/repair any items resulting from the plan review.

• Request inspections once the work is complete.

• Obtain a permit for the work and hire an Oregon licensed Plumber to inspect the plumbing system and correct any deficiencies. Once complete, the Plumber is to provide a letter to the Building Department stating that the work done complies with the applicable plumbing code.

• Obtain a permit and hire an Oregon licensed Electrician to inspect the electrical system and correct any deficiencies. Once complete, the Electrician is to provide a letter to the Building Department stating that the work done complies with the applicable electrical code.

• Note: The steps outlined above are an attempt to primarily verify, to the extent possible, that fire and life-safety concerns comply with the states minimum code. Items not seen cannot be verified such as footing reinforcement, wall insulation/vapor barrier, framing, etc. Therefore, a “certificate of occupancy” will NOT be issued.

The project lacks “Value” when done without permits / inspections

• “Our challenge is to use the building code as a tool and not an impediment to the construction industry, to adopt appropriate codes and to facilitate the construction of buildings that are safe.”, Mark Long, Director – Building Codes Division

• For additional information:

• Oregon Building Codes Division

– www.cbs.state.or.us/external/bcd/

• International Code Council– www.iccsafe.org

• Josephine County Building Safety– www.co.josephine.or.us (Select Building Safety)

• Oregons Current Codes– www.ecodes.biz