PERMITS & GRANDFATHERING

We got a building permit but the project got delayed-are we still good?

Q: A building permit was issued to us three years ago to build our house. Is it expired now? Or does it expire one year after we start construction?

A: All permits from this office including building permits expire one year after the date of issue.

Q: But we never started construction! We should be grandfathered!! Why can’t we just renew it?

A: Sorry, no. However, if the project had been substantially started, you may have been able to renew the original permit.

Q: We cleared the lot and had the plans done. That cost a substantial amount of money, why can’t we just renew it?

A: Building codes change in time. If construction had actually started, which included footings, foundation, framing, doors and windows, mechanicals, insulation, you may be able to grab some grandfathering on work already completed.

Grandfathering does not apply for work not done yet.

Q: You mean if we started work and the codes change, we would have to meet the new codes?

A: No, not necessarily. If work continued, without interruption and there were changes you could continue the work as originally planned.

Q: Will the Code Office come back a few years and make us change to new codes?

A: Of course not. This assumes that the house had a valid permit issued and the work was completed in substantial compliance with the codes in place at that time the permit was issued.

Q: What about remodeling? Do we meet the code that was in place when the house was built?

A: Probably not. Some codes may stay the same but not all. Any new work must meet the Existing Building Code. Especially the Energy Code, which is getting stricter and stricter.

Q: So we need to get another permit for this house. Can we use the original plans?

A: Sure….if they meet the minimum requirements of the Residential Code of New York as of today.

Q: What are the minimum requirements of the Code?

A: This article is just not long enough to answer that one! Take your plans back to your favorite Architect or Engineer for revision and certification to current code standards. Then bring them back in here for review. If we discover any omissions or have any questions, we will contact you.

Q: Will our Architect understand what you want?

A: What we want is all in the code manuals. However, here are some of the basic design criteria standards which should help your Architect get started:

• Roof snow load, which is now called Ground Snow Load [GSL], is calculated based on elevation. 80 lbs plus 2 lbs for each one hundred feet in elevation above 1,000 feet. For the Town of Webb all GSL ratings will be between 94 lbs GSL to 102 lbs GSL. That tells you that the Town has elevations ranging from the low 1,700’s to over 2,000 feet above sea level.

• Wind category is almost always 90 mph. There are some locations that should have 110 – 120 mph for design purposes. Like areas where there is a mile of more of lake in front of the building.

• Energy Code HDD 7244

• Exposure – severe

• Frost protection 48 inches minimum. We have seen frost as deep as 72 inches, especially in traffic areas or areas where the snow is always shoveled away.

• Seismic categories B in the southern part of the town and C in the Northern portion.

Q: I still can’t believe that we can’t just renew our permit. How about our septic system permit? Do we need another plan for that as well?

A: No, assuming that there is no change in leach field location or number of bedrooms from the first plan.

Q: Well actually, we are switching the locations of the house and leach field. Do we need a new plan?

A: At least a new perk test and deep test to show the soil conditions have not changed from one end of the property to the other. But the standards and codes for waste water treatment are basically the same as before.

If you have questions, call your Code Office and ask before you dig.