Q: If the house I want to build is less than 1,500 square feet the law does not require “stamped” plans, right?
A: Generally that is correct. However, good plans are still required.
Q: Our plan is 1,492 square feet. Why is the code office requiring a set of plans?
A: This office still needs to verify that what is being proposed satisfies the minimum standards of the NYS Residential Code, NYS Energy Code, and all local zoning requirements.
Q: Why? The plans don’t have to be stamped by a licensed engineer or architect.
A: That exemption only applies to the certification of the plans by a design professional; it does not exempt the requirement to provide construction plans and details to show compliance to the codes.
Q: Anyone can build a house, and we don’t need any stinking plans to do that! We’ll just give you a sketch of what we think it will be like and get started.
A: You need the permit before you start. A sketch may be fine, as long as the sketch is to scale, provides dimensions, shows insulation, all framing details, schedule of framing materials, foundation details, reasonable plumbing and electrical, smoke detection, window and door schedule including emergency rescue and egress openings, basement space including walkout details, drop footings, drainage, grading or anything else to show compliance.
‘AND please give us a survey and proposed location of the house showing all distances to all property lines.
Don’t forget the engineered septic plan as well.
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One week later…
Q: Here’s our plan you wanted, along with a drawing of where we are putting the house on the lot. Can we have our permit right now?
A: There are a few other plan reviews ahead of you, but we’ll try to look at it today and let you know.
Q: What do you mean “look at it?” Here is the plan, the law says it does not need to be stamped, give us our permit!
A: Every plan is reviewed by the office to determine substantial compliance with all applicable codes before you start… key word ‘before’. Yours is no different. This office will be in touch as soon as we can.
Q: Well, you better hurry up because we already started the project.
A: You do realize operating without a permit could lead to enforcement action of many different kinds. We will look at yours as quick as we can and call you. Hopefully, there are not any major problems.
Q: Where we come from the code guy will just mail us the permit, no plans…nothing, and mails us the CO when we call and tell him we are done. Why is this office being so difficult?
A: This is the same for everyone. We will be in touch.
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PLAN REVIEW:
The plans are done in blunt magic marker, and colored in with crayon. No framing details what so ever. No list or schedule of materials. No window and door schedule. No indication of insulation R values.
Everything is completely out of scale, no way to measure on paper. No survey, just a hand drawn not-to-scale sketch of the lot. No elevation of the house showing height.
No typical cross section that can show so many details and no septic design.
And if the basement area is habitable [which it almost always will be] it’s over 2,000 sq. ft.
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THE NEXT DAY…
Q: We really want our permit; the concrete truck is coming this afternoon Have you “looked” at the plans yet?
A: Yes we have, and there are a bunch of questions. [discussed as listed]
Q: Are you serious? This is crazy! I don’t have all that information; we always build as we go!
A: The plans you submitted were not to scale, looked like a child drew them, totally void of any competent information, cannot show compliance to state or local laws of any kind and did not include the septic design.
Q: I came up to this area to get away from all this regulatory bull-crap from back home. This is ridiculous. I have all my help here now and I need to get this done. What are you going to do about it?
A: To start, here’s your Stop Work Order. Your voluntary cooperation at this point is highly suggested.
Q: Okay, we’ll stop. Can’t believe you want this much stuff when the law says we don’t need it. Tell me why?
A: Any code department should verify substantial compliance with any structure before the permit is issued. That is state law.
Although technically your house is less than 1,500 square feet, the code office certainly has the right to insist any part of, or the entire plan be certified.
If you are not proficient in providing good and competent plans showing the information needed, it may be easier to get an architect to help you.