Gradual code violations amount to code violations nonetheless

QUESTION & ANSWER

A Gentleman walks into the Code Office…

Q: What do I need for remodeling?

A: What kind of remodeling are you doing?

Q: Interior work. Why?

A: Residential and commercial work requirements are different.

Q: Residential work. Everything is inside, can I just do it?

A: Any alteration, expansion, replacement or enlargement of any mechanical systems [plumbing, electrical, waste lines, HVAC], permits are required. Any change in the exiting of the home, the fire alarm system, the windows of sleeping areas, headers, stairways would require a permit.

Q: All we are doing is finishing the work that was started years ago. Why do we need a permit to finish something already started?

A: Is there a permit for the work that was started years ago?

Q: We got a permit and built it years ago. It’s been like this for fifteen years or more. This would be grandfathered or past the statute of limitations, right?

A: To be grandfathered under the building code, we need to get back into at least the early 1970’s and for local zoning issues as far back as 1965. It does not sound like it can be grandfathered.

Q: Okay. What do we need to do, and do I need another permit?

A: Yes. It sounds like another permit should be done. We will need a better description of the work you are doing, a floor plan showing the re-location of interior space, window schedule, insulation values, stairs… anything that is being changed around or finished in the house from the original permit.Q: This is not a house; it’s a garage with a finished upstairs that we will use to sleep in. Now we want to finish some of the garage area to living space. What is the big deal?

A: Let’s look in the property file to see the history of permits… Ah! Here is the permit issued in 1996 for a garage, however, with no second floor, or any finished habitable space. It appears that what was built was not what the original permit was issued for.

Q: So what, we use the upper level to sleep in. All we want now is to insulate, put more outlets and lights in and a bathroom. Since we are not making it any bigger on the outside why do we even need a permit from the town anyway?

A: Both local and state laws require permits for this type of work, not only for the structural integrity, but for many fire and life safety codes as well. Also, the NYS Energy Conservation Code needs to be addressed.

Q: We already insulated it years ago, the stairs have been in a long time as well, they may be a little steep, but they work. The ceilings are low too, but all we do upstairs is sleep, you just can’t stand up all the way and that doesn’t bother us. What do we need for the State Fire Code, a smoke alarm?

A: Smoke alarms are only a part of life safety. Egress from the interior, including the stairs, emergency egress windows in the sleeping area, minimum ceiling heights, a fire rated separation from the garage area, CO2 detectors, proper wiring, and plumbing ventilation are some other reasons.

Q: We are not going to change the stairs, and we can’t make the ceiling any higher. We want to do this cheap. So, why can’t I get a permit to do what I want with my garage? Most of the work is already done!

A: The original permit was for an accessory structure, not a single family dwelling. That creates a violation of the State Codes as well as local zoning issues. There is not egress from anywhere in the building. All ceiling heights are too low [5 feet doesn’t cut it]. The stair runs are too short and rise too high. There are no emergency egress windows in the sleeping area. The wiring is ridiculous. The R-11 insulation is not enough. The 1.5-inch PVC pipe is not adequate ventilation for the plumbing and there are no hard-wired smoke alarms anywhere. And that’s without doing a site inspection!

Q: Well, I did not come in here to have you rip apart my handy-work. What do I do now?

A: Let’s go to the property, identify all the problems, both local zoning and State Code issues, and come up with a plan of action that corrects things. However, life and fire safety issues will be a priority.