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7-14-2011

What Every BO Needs to Know About Building Permitting in Connecticut

MINIMUM INFORMATION ON THE PERMIT

To obtain a permit, the applicant shall first file an application in writing on a form furnished by the department of building safety for that purpose. (IBC 105.3 and IRC R105.3)

Such application shall:

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

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

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

4. Be accompanied by construction documents and other information as required.

5. State the valuation of the proposed work.

6. Be signed by the applicant, or the applicant’s authorized agent.

7. Give such other data and information as required by the building official.

This last requirement is where the differences appear in all building permits from town to town. A lot of towns will ask for licensing information on all contractors. While this information is pertinent, licensing information is not strictly required for the permit to be accepted. Towns will often have separate applications for each trade; i.e. electrical, plumbing, residential or commercial. Each town has the option of having as many different applications as the town’s building official feels is necessary.

PERMITS ARE REQUIRED FOR MOST EVERYTHING

Permits are required for any construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. The permit must be in hand before the work begins.  Exceptions from permitting are listed here: (IBC 105.1 and IRC R105.1)

PERMITS ARE NOT REQUIRED FOR:

Building:

1. Fences not over 6 feet high.

2. Retaining walls that are not over 3 feet in height measured from finished grade at the bottom of the wall to finished grade at the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

3. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.

4. Sidewalks, driveways and on-grade concrete or masonry patios not more than 30 inches above adjacent grade and not over any basement or story below and which are not part of an accessible route.

5. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work not involving structural changes or alterations.

6. Temporary motion picture, television and theater stage sets and scenery.

7. Prefabricated swimming pools that are less than 24 inches deep in one- and two-family dwellings. Prefabricated swimming pools accessory to a Use Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches deep, do not exceed 5,000 gallon capacity and are installed entirely above ground.

8. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

9. Swings, non-habitable tree houses and other playground equipment in one- and two-family dwellings. Swings and other playground equipment.

10. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and which do not require additional support in one- and two-family dwellings. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2 and Group U occupancies.

11. Movable cases, counters and partitions not over 5 feet 9 inches in height and not containing any electrical, plumbing or mechanical equipment.

12. Portable grandstands or bleachers providing seating for fewer than 100 persons when located outside of a building.

Electrical:

1. Repairs and maintenance: minor repair work, including replacement of lamps and fuses or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2. Radio and television transmitting stations: electrical equipment used solely for radio and television transmissions, but do apply to equipment and wiring for power supply and for the installation of towers and antennas.

3. Temporary testing systems: the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating or cooking appliances with a self-contained fuel supply.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Mechanical:

1. Portable heating appliances with a self-contained fuel supply.

2. Portable ventilation appliances.

3. Portable cooling units.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

6. Portable evaporative coolers.

7. Self-contained refrigeration systems containing 10 pounds or less of refrigerant or that are actuated by motors of 1 horsepower or less.

8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. (IBC 105.2, IRC R105.2)

Work not requiring a permit still must be installed according to current building codes.

Where emergency replacement of equipment is necessary, permits must be applied for the next working business day. (IBC 105.2.1, IRC R105.2.1)

Permits are applied for from the local building department of the municipality in which the building is located. State or federal projects on state or federally owned land are exempt from this requirement. However, the state or federal agency involved has their own regulations and permitting. Any demolition on state owned land is still required to obtain a demolition permit from the local building official. Annual permitting is allowed with the authorization of the local building official for existing installations, such as for industrial and commercial manufacturing or institutional facilities. (IBC 105.1, IRC R105.1)

WHO IS RESPONSIBLE FOR CODE COMPLIANCE?

It shall be the duty of the installer or repairer who does the work to ensure compliance with the building codes. (IBC 105.8, IRC R105.8)

WHO IS ALLOWED TO APPLY

Either the building owner or the contractor may apply for the necessary building permit. The Department of Public Safety and the Department of Consumer Protection advise that any person, including a licensed or registered contractor acting as agent of a property owner, may apply for a building permit -- whether or not the person or contractor is licensed to do any of the work that is the subject of the permit.  Licensing is a separate issue, and is enforceable only on construction sites.

The application for a permit to commence construction is required to be submitted to the local building department by the owner in fee (the person or entity that pays the taxes) or his authorized agent. An authorized agent is anyone who is contracted, employed and/or authorized by the owner in fee to make the application. Licensing of the agent is not required. However, if the authorized agent is a CT licensed contractor (electrical, plumbing, solar, heating, piping, cooling, sheet metal work, fire sprinkler, elevator, repair and maintenance, irrigation, or glass), then section 20-338b of the Connecticut General Statutes shall be followed.

If a licensed contractor under Chapter 393 of the Connecticut General Statutes cannot personally apply for the permit on behalf of a homeowner, a contractor's delegate may apply -- but only for the specific portion of the work for which such contractor is licensed -- and provided that the delegate submits to the building official written authorization meeting the requirements of Section 20-338b of the Connecticut General Statutes.

Here are additional rules when the contractor delegates this task to a subordinate:

The licensed contractor's employee, subcontractor or other agent must submit to the building official a dated letter on the licensed contractor's letterhead, signed by the licensed contractor, stating that the bearer of the letter is authorized to sign the building permit application as the agent of the licensed contractor. The letter shall not be a copy or a facsimile, but shall be an original letter bearing the original signature of the licensed contractor. The letter shall also include:

(1) The name of the municipality where the work is to be performed;

(2) The job name or a description of the job;

(3) The starting date of the job;

(4) The name of the licensed contractor;

(5) The name of the licensed contractor's agent; and

(6) The license numbers of all contractors to be involved in the work.

A contractor that is not licensed to perform the work that is the subject of the permit need not obtain authorization from a contractor that is licensed to perform such work, as long as the contractor that is not licensed in that particular discipline is the agent of the property owner.

Some local building officials have interpreted Conn. Gen. Stat. § 20-338b as requiring that when a contractor applies for a building permit on behalf of the property owner, but the contractor is not licensed in the specific area required by the job, that the contractor seek written authorization from a contractor who is licensed in that area. That is not the case, as long as the contractor that is not licensed in that particular discipline is the agent of the property owner.

The State Building Code requires a written affidavit from the property owner, or the agent must execute a signed statement in front of the building official, both indicating that the agent is authorized to apply for the permit on behalf of the property owner.  This can be as simple as signing the permit application, if the statement above is incorporated onto the permit application form.

HOME IMPROVEMENT CONTRACTORS

No permit shall be issued to a contractor who is required to be registered as a home improvement contractor, unless the name, business address and Department of Consumer Protection registration number of such contractor is clearly marked on the application for the permit, and the contractor has presented such contractor's certificate of registration as a home improvement contractor.



NEW HOME CONSTRUCTION CONTRACTOR

Building or construction permits cannot be issued to a new home construction contractor unless such contractor has presented their certificate of registration and registration number.



TAX DELINQUENCY

CGS 7-148 (c)2(B) allows a town to establish a procedure for the withholding of approval of a building application when taxes or water or sewer rates, charges or assessments imposed by the municipality are delinquent for the property for which an application was made. Most all towns have done so.



PROOF OF WORKER’S COMPENSATION

At the time of permit application it is required for the applicant to submit:

(1) A written certificate of insurance provided by the general contractor or principal employer, or

(2) A certificate from the Workers' Compensation Commissioner indicating that the general contractor or principal employer has properly chosen not to obtain workers' compensation coverage pursuant to law, or

(3) If a property owner or sole proprietor intends to act as a general contractor or principal employer, a written certificate of insurance or a sworn notarized affidavit, which he shall provide, stating that he will require proof of workers' compensation insurance for all those employed on the job site.



ZONING APPROVAL

No building permit shall be issued without certification in writing by the official charged with enforcement of local zoning regulations that the proposed building is in conformance with zoning regulations. (IBC 105.3.1.1, IRC R105.3.1.2)



FIRE MARSHAL APPROVAL

No building permit for a building subject to the Connecticut State Fire Safety Code shall be issued without certification in writing from the local fire marshal that the proposed construction is in substantial compliance with the Connecticut State Fire Safety Code. (IBC 105.3.1.2)

SANITARIAN APPROVAL

The local health department shall approve building plans when required prior to permit issuance:

The site plan shall indicate the location of a private sewage disposal system where a public sewer is not available. Private sewage disposal systems shall be designed and installed in accordance with the requirements of the Public Health Code. All technical and soil data required by the Public Health Code shall be submitted with the site plan. Approval of such systems shall be by the local authority having jurisdiction. When such approval is required by the local authority having jurisdiction, written proof of such approval shall be submitted to the building official prior to issuance of a building permit. IBC 106.2.1, IRC R106.2.1)

No person shall construct, substantially alter or reconstruct a swimming pool until the construction documents and water discharge provisions have been approved by the Department of Public Health, in accordance with the regulations adopted pursuant to section 19a-36 of the Connecticut General Statutes. Exception is made for one-, two- or three family residences or single family townhouses that are owner occupied. (IBC 3109.1.1)



CONSTRUCTION DOCUMENTS

At the time of permit application it is required to submit one or more copies of construction plans and specifications as may be required by the building official, zoning official, sanitarian, and fire marshal for the project. The building official may waive this requirement for projects of a minor nature. Some projects will require architects to seal and/or engineers to sign and seal their plans. Some parts of the plans may require specialized engineering and proof of such engineering to be submitted. Special inspections may be required for parts of the project and will have to be defined at the submission of the permit application. Such design professionals must be currently licensed in the state of Connecticut. Check the last page for a flow chart for when signed and/or sealed construction documents are required. These links are to the statute on architects and engineers requirements for signing and sealing of the plans.







ROAD OPENING REQIREMENTS

There are separate requirements for road opening permitting and bonding for new driveways.



PERMITS TO BE ISSUED WITHIN 30 DAYS FROM APPLICATION DATE

No building or structure shall be constructed or altered until an application has been filed with the building official and a permit issued. Such permit shall be issued or refused, in whole or in part, within thirty days after the date of an application .…. Prior to the issuance of a permit and within said thirty-day period, the building official shall review the plans of buildings or structures to be constructed or altered, including, but not limited to, plans prepared by an architect, a professional engineer or an interior designer acting within the scope of their CT license or registration, to determine their compliance with the requirements of the State Building Code…. . Such plans submitted for review shall be in substantial compliance with the provisions of the State Building Code and, where applicable, with the provisions of the State Fire Safety Code. (IBC 106.1, IRC R106.1)

ESTIMATED COST

The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. (IBC 108.3, IRC R108.3)

ABANDONMENT OF PERMIT APPLICATION

An application for permit shall be deemed abandoned 180 days after the filing, unless such application has been pursued in good faith or a permit has been issued. The BO may issue extensions of 90 days upon a written request with justifiable cause demonstrated. (IBC 105.3.2, IRC R105.3.2)

ISSUED PERMITS MAY BE DECLARED INVALID FOR ERRORS

The BO is authorized to suspend or revoke a permit whenever issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any provisions of the building code. This revocation can be done at any time prior to or during the construction phase. (IBC 105.6, IRC R105.6)

ISSUED PERMITS MAY BE DECLARED INVALID FOR ABANDONMENT

Every permit shall become invalid unless work authorized by the permit is commenced within 180 days after its issuance or if the work is abandoned for 180 days. The BO may issue extensions of 180 days upon a written request with justifiable cause demonstrated. ( IBC 105.5, IRC R105.5)

TEMPORARY PERMITTING

Temporary permits may be issued for temporary structures and for temporary uses for a period of 180 days. (IBC 107.1, IRC R107.1)

COPY OF PERMIT ON JOB SITE

The building permit or a copy shall be kept on the site of the work until completion of the project. (IBC 105.7, IRC R105.7)

ADDITIONAL FEES

Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. (IBC 108.4)

COURT IMPOSED FINES

Any person who violates any provision of the State Building Code shall be fined not less than two hundred dollars or more than one thousand dollars or imprisoned not more than six months, or both.

(IBC 113.4, IRC R113.4)



 Sec. 29-254a. Penalty for violation of State Building Code.

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