Article III. Permits.

When required. It is unlawful to construct, enlarge, alter, remove or demolish a building or change the occupancy of a building from one use group to another requiring greater strength, exitway or sanitary provisions; or to change to a prohibited use; or create or alter any ownership unit when a use under an occupancy certificate or a structure exists on the parent lot; or to install or alter any equipment for which provision is made or the installation of which is regulated by this chapter, without first filing an application with the department in writing and obtaining the required permit therefor; except, that ordinary repairs as defined in Section 8-3 which do not involve any violation of this Chapter are exempt from this provision.

Form. Application for a permit shall be submitted on forms prescribed by the director and shall be accompanied by the required fee as prescribed by this chapter.

Qualified applicants. Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant and of the responsible officer, if the owner or lessee is a corporate body, shall be stated in the application.

Description of work. The application must contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of all portions of the site or lot not covered by the building, the location of any ownership units on the lot, and such additional information as may be required by the director.

Projects not requiring site plan or conditional use approval. For projects that do not require site plan approval or conditional use approval and include more than 10 parking spaces, an application for building permit must include a plan showing:

Plans and specifications. The application for the permit shall be accompanied by not less than two (2) copies of specifications and of plans drawn to scale, with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed. When quality of materials is essential for conformity to this chapter, specific information shall be given to establish such quality; and in no case shall this chapter be cited or the term “legal” or its equivalent be used as a substitute for specific information. The director may waive the requirement for filing plans when the work involved is of a minor nature.

Plot diagram. Each applicant for a building or occupancy permit must file 2 copies of a plot plan drawn to scale, showing:

Engineering details. The director may require adequate details of structural, mechanical and electrical work including computations, stress diagrams and other essential technical data to be filed. All engineering plans and computations shall bear the signature of the engineer or architect responsible for the design.

Amendments to application. Subject to subsection (i), an amendment to a plan, application, or other document may be filed at any time before the work for which the permit is sought or issued is completed. Each timely filed amendment must be treated as part of the original application and filed with it.

Time limit. An application for a permit for any proposed work must be treated as abandoned 6 months after the application was filed, unless the application has been diligently prosecuted or a permit was issued. However, for reasonable cause, the Director may extend the time for the Department to consider an application for one or more additional periods which do not exceed 90 days each.

Homeowners' association registration.

Municipal corporation and special taxing district registration.

Changes in authority and boundaries. A homeowners' association, municipal corporation, or special taxing district that registers under this section must re-register with the department within thirty (30) days after the effective date of a change in:

Registration list. The director must maintain and make available to the public a list of:

Permit application process.

Regulations. The county executive must adopt regulations under method (2) of section 2A-15 of this Code to implement this section.

Penalty. Section 8-22 of this chapter, establishing criminal penalties for violation of this chapter, does not apply to this section.

Liability. The county is not liable for any act or failure to act by the department in carrying out the provisions of this section.

Action on application. The Director must examine or cause to be examined each application for a building permit or an amendment to a permit within a reasonable time after the application is filed. If the application or the plans do not conform to all requirements of this Chapter, the Director must reject the application in writing and specify the reasons for rejecting it. If the proposed work conforms to all requirements of this Chapter and all other applicable laws and regulations, the Director must issue a permit for the work as soon as practicable.

Time limit.

Reserved.

Signature to permit. The director or his authorized representative shall attach his signature to each permit issued.

Approved plans. The director shall stamp or endorse in writing both sets of corrected plans "approved" and one set of such approved plans shall be retained by him and the other set shall be kept at the building site, open to inspection of the director or his authorized representative at all reasonable times.

Approval in part. The director may issue a permit for the construction of foundations or any other part of a building or structure before the entire plans and specifications for the whole building have been submitted; provided, that adequate information and detailed statements have been filed complying with all the pertinent requirements of this chapter. The holder of such permit for the foundations or other part of a building or structure shall proceed at his own risk with the building operation and without assurance that a permit for the entire structure will be granted.

Posting of permit and site plans. The building permit or a true copy thereof and a copy of the building or other plans covered by the permit shall be kept on the site of operations open to inspection by the department, fire or police officials, in the course of their duties, during the entire time the work is in progress and until its completion.

Notice of start and other inspections. At least twenty-four (24) hours' notice of start of work under a building permit shall be given to the department unless this requirement is waived in the building permit.

If a permit is issued under Section 8-25 for new construction on vacant residentially or agriculturally zoned land, or construction of a building or structure that would affect the footprint or height of any existing structure located on residentially or agriculturally zoned land or that is exempt from and exceeds any applicable building height limit, the Director must promptly require the recipient to post on the lot a conspicuous sign describing the proposed construction, specifying the time limit to appeal the issuance of the permit to the Board of Appeals, and including any other information the Director requires. The sign must conform to design, content, size, and location requirements set by regulation under Section 8-13(a).

The regulations adopted under subsection (a) may allow a central sign to be posted, or otherwise vary the design, content, size, or location requirements, for any subdivision that consists of more than 5 new dwellings at a single site.

The recipient must post the required sign within 3 days after the Department releases the permit to the recipient, and must maintain the sign until 30 days after the permit was released.

If the recipient of a permit does not post a sign as required by this Section, the permit is automatically suspended until the recipient has posted the proper sign. If the recipient begins work under the permit without having posted the sign as required, the Director must immediately issue a stop work order. During the 30-day period after the sign is properly posted, any person may appeal the issuance of the permit as if the permit had been released to the recipient on the day the sign was posted.

Definitions. In this Section, the following term(s) have the meanings indicated:

Prohibition. The Department must not issue a building permit or a use-and-occupancy permit for a privately-owned detention facility.

Generally. A permit to begin work for new construction, alteration, removal, demolition, or other building operation must not be issued until the fees authorized in this Section are paid to the Department. An amendment to a permit that requires an additional fee because of an increase in the estimated cost of the work involved must not be approved until the additional fee is paid. The Department must not issue any building permit for a residence, except a building designed to be used as a residence for the person's own or immediate family use, under Section 31C-1, to any person except a licensed building contractor or an authorized agent of the licensed building contractor.

Compliance with code. The permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter except as specifically stipulated by legally granted waivers or modifications as described in the application. The issuance of a permit shall not prevent the department from thereafter requiring a correction of errors in plans or in construction or of violations of this chapter and all other applicable laws or ordinances specifically referring thereto. Certification by a certified engineer that the plans and specifications are in compliance with this chapter shall be accepted by the director as prima facie evidence that all the requirements of this chapter have been met unless he discovers otherwise.

Compliance with permit. All work must conform to the approved application and plans for which the permit has been issued and any approved amendments to the permit.

Compliance with plot plan. All new work shall be located strictly in accordance with the approved plot plan.

Change in plot plan. No lot or plot shall be changed, increased or diminished in area from that shown on the official plot plan, unless a revised diagram showing such changes accompanied by the necessary affidavit of owner or applicant shall have been filed and approved; except, that such revised plot plan will not be required if the change is caused by reason of an official street opening, street widening or other public improvement.

Compliance with plumbing and gas fitting regulations. Permits for the erection, enlargement or alteration of buildings will not be issued until evidence has been presented that the plans of the proposed building comply with all applicable regulations relating to water supply, sewerage, drainage, plumbing and gas fitting.

Compliance with zoning regulations. The building or structure must comply with all applicable zoning regulations, including all conditions and development standards attached to a site plan approved under Chapter 59. The issuance of a permit by the Department for the building or structure does not affect an otherwise applicable zoning regulation.

Compliance with location certificate. Before any first floor construction of a building or structure is placed upon the foundation walls thereof, the owner of such building or structure shall provide the department with two (2) copies of a location plat, certified by a land surveyor entitled by law to practice property line surveying in the state; except, that a professional engineer entitled by law to practice in this state may provide such certification only where property lines and corners are already existing and determined on the ground. This plat shall be drawn accurately to an appropriate scale and shall show the actual location of the building or structure walls with respect to property lines and existing buildings or structures on the same lot, parcel or tract.

Compliance with excavation, grading and sediment control regulations.

Compliance with performance bond for construction of streets before issuance of permit. As used in this subsection, the phrase “such streets” means streets abutting the building site and those extensions of streets necessary to meet the minimum requirements of Chapter 49.

Location of underground utilities. On all work calling for excavation exceeding twelve (12) inches in depth, the applicant shall provide evidence of the location of all utility lines within the area of the proposed excavation.

Compliance with stop work orders. The issuance of a permit shall be expressly conditioned upon the applicant's prompt compliance with all stop work orders issued by the Director.

County line. Every building or other structure for which a permit is issued must be located completely in the County.

Tree protection. If any clearing, construction, or development allowed by any permit issued under this Chapter would result in the trimming, cutting, removal, or injury of any roadside tree (as defined in Section 49-35) or any tree located in a State right-of-way in the County, the Director must not issue that permit until:

Regulations. The Director may recommend, and the Executive may adopt, regulations under Method (2) to specify standards and practices needed to protect and maintain roadside trees, including construction practices needed to prevent or minimize damage to roadside trees, under subsection (n) These regulations must be at least as stringent as applicable state roadside tree care standards and requirements.

Notice. The Director must mail written notice, at least 10 days before the Director issues a permit to remove or demolish a building or structure, to the owner of each adjacent and confronting lot. The applicant must give the Department the name and address of the owner of each adjacent and confronting lot. The notice must identify the building or structure to be demolished or removed, specify the process for issuing the permit and the time limit to appeal the issuance of a permit to the Board of Appeals, and include any other information the Director finds useful. The Director need not deliver this notice if unsafe conditions require immediate demolition or removal of the building or structure.

Signage. The Director need not deliver the notice required by subsection (a) if, at least 10 days before the Director issues a permit to remove or demolish a building or structure, the applicant posts at a conspicuous location on the lot a sign describing the proposed demolition or removal, specifying the process for issuing the permit and the time limit to appeal the issuance of a permit to the Board of Appeals, and including any other information the Director requires. The sign must conform to design, content, size, and location requirements set by regulation under Section 8-13(a).

Special notice for older buildings. At least 30 days before the Director issues a permit to demolish or remove a building, other than a single-family dwelling, that will be more than 25 years old when it is demolished or removed, the Director must list the address of the property on a properly designated website or other widely available form of electronic notice.

Notice to utilities. Before the Director may issue a demolition or removal permit, the applicant must notify each connected public utility and obtain a written release confirming that all service connections and appurtenant equipment, such as meters and regulators, have been safely disconnected and sealed.

Permit requirement; conditions. A person must not demolish or remove a building or structure unless the Director has issued a permit to do so under this Section. Each demolition or removal permit must require the applicant to:

Bond or surety. Each applicant for a demolition or removal permit must file a performance bond, cash, certificate of guarantee, or surety with the Department, in an amount equal to the cost of demolition or removal, to assure the safe and expedient demolition or removal of the building or structure and clearing of the site. If the building or structure is not demolished or removed and the site is not cleared of all debris within the time specified in the permit, but not sooner than 60 days after the permit is issued, the Director may enter the property, demolish or remove the building or structure, clear the site of debris, and take action to forfeit the performance bond, enforce the guarantee, or otherwise reimburse the Department for its cost.

Definitions. As used in this Section:

Applicability.

Application Requirements. Each application for a use-and-occupancy permit must be accompanied by 2 copies of a plan drawn to scale showing:

New buildings. It is unlawful for any person to use or occupy a building hereafter erected in whole or in part until the certificate of use and occupancy is issued by the Director in satisfaction of this Chapter.

Buildings hereafter altered. It is unlawful for any person to use or occupy a building hereafter enlarged, extended or altered to change from one use group to another, in whole or in part until a certificate of use and occupancy is issued by the director certifying that the work was completed in satisfaction of the approved permit. Any use or occupancy that was continued during the work of alteration, must be discontinued within 30 days after the completion of the alteration unless the required certificate is secured from the Director.

Existing buildings. Upon written request from the owner of an existing building, the Director must issue a certificate of use and occupancy if there are no violations of law or orders of the Director pending. In addition, the Director must establish that the alleged use of the building has heretofore existed. Nothing in this Chapter requires the removal, alteration, or abandonment of the use and occupancy of a lawfully existing building, unless such use is deemed to endanger public safety and welfare.

Changes in use and occupancy. After a change of use is made in a building, a person is prohibited from reestablishing a prior use that is not lawful for a new building of the same type of construction unless the owner complies with all the applicable provisions of this Chapter.

Temporary occupancy. Upon the request of the holder of a permit, the Director may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the permit shall have been completed if that such portion or portions may be occupied safely before full completion of the building without endangering life or public welfare.

Necessary Findings.

Contents of certificate. When a building or structure is entitled to a certificate of use and occupancy, the Director must issue a certificate 10 days after written applications. The certificate certifies compliance with this Chapter and the purpose for which the building or structure may be used. The certificate of use and occupancy must specify the use group, the fire grading, the allowable live load on all floors, the occupancy load in the building and all parts of the building and any special stipulations and conditions of the building permit.

A building permit must not be issued for any structure or any alteration of an existing structure:

No part of any on-site sewage disposal system may be located within the floodplain covered by the 100-year flood as defined in section 19-36.

In this Section, fire sprinkler system means equipment that includes 1 or more devices that:

The County must not issue a building permit for the construction or reconstruction of any residential building unless the plans include the installation in each dwelling unit and any attached accessory structure of a fire sprinkler system.

The County Executive must issue regulations to implement this Section. The regulations may authorize the Director to approve the use of specific construction alternatives that provide equivalent or greater protection of the public in residential buildings in which fire sprinkler systems will be installed.

After inspection and final approval of a fire sprinkler system required under this Section, the inspector must provide to the initial occupant of the dwelling unit written information approved by the Fire Administrator about the proper care and maintenance of a residential fire sprinkler system. If the dwelling unit has never been occupied, the builder or other current owner must not accept payment or rent for the unit until the inspector has transmitted this fire sprinkler information to the initial occupant. The Fire Administrator must make the information widely available to residents who purchase or lease a previously occupied unit with an installed fire sprinkler system, and other County residents.

§ 8-29A(d), as added by Section 1, applies to any detached single-family dwelling unit for which an application for a building permit is filed on or after July 1, 1990.

§ 8-29A(b), as amended by Section 1, applies to any group home for which an application for a building permit is filed on or after July 1, 1990.

The builder must install a fire sprinkler system that complies with § 8-29A(e), as added by Section 1, in any primary sales model detached single-family dwelling unit which is shown to prospective buyers for sales purposes on or after July 1, 1990.

The Director must not issue a building permit for any detached one- or two-family residential building located on a recorded lot smaller than 15,000 square feet, or a permit for any addition to such a residential building that would increase the building lot coverage by more than 400 square feet, unless the plans provide for safe conveyance or control of any increased water runoff, resulting from additional impervious area or any other topographic alteration, that would drain onto any adjacent or nearly private property.

In this Section, approved drainage system means any method of safe conveyance from the property or storage on the property of on-site water runoff at the design rate specified in subsection (c), using one or more of the following methods or devices or any other method or device approved by the Director that would provide equivalent or greater protection of adjacent and nearby properties:

Each approved drainage system must be designed to convey or control at least 1.5 inches of rainfall during a 24-hour period.

After the approved drainage system is installed, the permittee must certify to the Director that the system:

The permittee and the permittee’s successors in interest must preserve and maintain each approved drainage system to the extent necessary to provide the same level of protection for adjacent and nearby properties. The permittee and the permittee’s successors in interest must obtain the Director’s approval before materially modifying any element of an approved drainage system. The Director may require a permittee to record an easement in the County land records for any approved drainage system to assure the continued preservation and maintenance of that system.