A residential building inspector observes a newly constructed deck that appears to have inadequate footing depth and lacks proper attachment to the dwelling. The homeowner states they built it themselves and did not realize a permit was required. The IRC specifies minimum footing depths and attachment methods. What is the most appropriate next step for the inspector?
- AIssue a verbal warning and advise the homeowner to fix it at their convenience.
- BImmediately issue a Stop Work Order, even though the work is completed, and require a permit application and inspection.
- CGrant a retroactive permit since the deck is already built and the homeowner was unaware.
- DRequire the homeowner to remove the entire deck, as it was built without a permit.
Show answer & explanationAnswer & explanation
Correct answer: B. Immediately issue a Stop Work Order, even though the work is completed, and require a permit application and inspection.
Even if the work is completed, if it poses a potential safety hazard (inadequate footings, improper attachment) and was done without a permit, a Stop Work Order can be issued to prevent use and require proper permitting and inspection to ensure safety and compliance. Removal is a last resort, and retroactive permits without inspection are not appropriate.
Why the other options are wrong
- A. A verbal warning is insufficient for potential structural and safety issues on a completed, unpermitted structure.
- C. A 'retroactive permit' without proper inspection and verification of compliance is not a valid or safe practice. The work must be inspected and potentially corrected to meet code.
- D. Requiring immediate removal is an extreme measure; the first step is usually to determine if it can be brought into compliance through proper permitting and inspection.
Unsafe Completed Unpermitted Work
When a completed, unpermitted structure exhibits potential safety hazards, the inspector should issue a Stop Work Order to prevent use, initiate the permit process, and require inspection and correction to ensure code compliance and public safety.
- SWO can apply to completed work if unsafe.
- Permit process must be initiated.
- Safety is paramount; correction is required.
Memory trick: Completed but Compromised? SWO and Scrutinize!