What You Need to Know
How can building regulations affect a business?
There are four main situations where building regulations apply:
- New construction
- New addition(s) to an existing building
- Alteration of an existing building
- Demolition
In addition, building regulations may apply in cases where land is being excavated, totally or partially cleared of trees, and/or filled in. It’s now common for communities to establish codes that govern the types and sizes of signage, minimum space for vehicle parking and the appearance of commercial buildings. Hilton Head Island in South Carolina, for example, has very specific rules that cover signage.
Where can I find out exactly what building regulations cover and require?
Almost every state has an office that makes and enforces the state’s building codes. Typically, though, county governments now issue construction licenses and oversee code enforcement. In large urban areas, municipal governments have that responsibility and authority. It’s now routine to be able to see full texts of state and local building codes online. If that’s not possible, simply contact a state or local housing department or planning board. Most have published guides to help businesses understand procedures. Building permits, too, may be obtained online from, say, a county government web site, although there first may be an initial qualifying process that requires an in-person visit.
What to Do
Get Your Plans Checked and Approved
Before you go ahead with either new construction or making any changes to an existing building, you need first to have your plans checked and approved. A licensed builder and contractor will know what to do. Typically, one files an application for a building permit with a local building inspector’s office or building commission. In addition to the application, you may need to submit a proposal for the work that is to be done, evidence of liability insurance, and a copy of your building contractor’s license. It may not always be required to use a licensed contractor, but it is recommended.
Any permit fees charged by government authorities are fixed by ordinances. Fees charges by private building consultants are negotiable and usually are based on a percentage of construction costs, that is, the cost of materials and permits and hourly labor charges.
Ensure That Recommendations Are Followed
Building inspectors review all stages of a construction project as work progresses, usually at various stages. As a rule, without their approval nothing further happens. In turn, any recommendations inspectors make must be followed. If not, a final “certificate of occupancy” will not be issued; without that document, commercial activity is stopped dead in its tracks. Fortunately, information and wireless communications technology has dramatically sped up the approval process. Inspection reports, for instance, can be filed with a cell phone and the results posted within hours. That helps keep projects on schedule—provided the work “meets code.”
Be Aware Of Other Rules and Regulations
It’s not just the actual construction that business owners need to understand, it’s also other rules that govern such myriad details as: insurance protection, environmental impact and emissions, energy use and, in some areas, protection from high winds and natural disasters like hurricanes. While most of these rules are initially established by a state government, legislatures tend to delegate enforcement authority and responsibility to local governments, either a county or municipality. In fast-growing communities, especially, standards for architectural designs are now commonplace, and additional “impact fees” may be in place to help local governments pay for the extension of public services that new construction invariably requires. Therefore, it’s almost essential to seek appropriate legal counsel and use quality design firms and builders. Attorneys can guide you through what usually is a thicket of statutes, while design and planning firms are familiar with building codes, locations and local caveats.
There can be a financial benefit to knowing these rules, too: In mature communities, especially, you may learn about the availability of grants and/or low-cost loans that can lower construction costs and enhance the appearance of your facilities.
What to Avoid
You Don’t Obtain the Necessary Approvals
Building permits themselves may be the easy part. A “development authority” of some kind it is apt to be necessary well before “any dirt is turned,” as the construction world says. In turn, learn all you can about the area and community in which you plan to build. Zoning and land-use regulations can stop an idea before it ever starts. So can environmental restrictions, and other rules that may limit water use—to cite one example. Not knowing about these regulations will waste time and dollars.
You Don’t Understand the Context
Knowing about an area’s political climate, attitudes and so-called power brokers may be important, too. Some communities have more stringent rules than others, for instance. Knowing where to build or expand may wind up being as beneficial as knowing what to build.
You Don’t Seek Professional Advice
Building regulations can be complicated, if not exasperating, and you’re likely to get out of your depth very quickly. Get professional advice.
Where to Learn More
Book:
Ching, Francis D. K. and Steven R. Winkel.
Web Sites:
American Society of Interior Designers, “Codes and Standards”: www.asid.org/knowledge/Codes+and+Standards.htm
Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy: www.energycodes.gov
Occupational Safety and Health Administration (OSHA): www.osha.gov
