Residential Building Inspector B1General Administration, Legal, and EnforcementHard
A residential building inspector issues a notice of violation for a deck that was constructed too close to the property line, violating a local setback ordinance. The homeowner argues that the building permit was issued, and therefore the deck is compliant. What is the relationship between a building permit and compliance with other laws and ordinances?
- AOnly violations of the building code are enforceable by the building official once a permit is issued.
- BIf a permit is issued, it implies that all other ordinances have been checked and approved.
- CA building permit supersedes all other local ordinances and regulations.
- DThe issuance of a building permit does not relieve the applicant from complying with other laws and ordinances.
Show answer & explanationAnswer & explanation
Correct answer: D. The issuance of a building permit does not relieve the applicant from complying with other laws and ordinances.
The 2021 IRC, Section R105.8, clearly states that 'The issuance of a permit shall not be construed to be a permit for, or an approval of, any violation of the provisions of this code or of other ordinances of the jurisdiction.' Applicants are responsible for compliance with all applicable laws.
Why the other options are wrong
- A. Building officials typically enforce the building code, but they also have the authority to address violations related to the permitted work that conflict with other applicable laws.
- B. While efforts are made during plan review, the permit itself is not a guarantee or implication of compliance with all other laws.
- C. This is incorrect; a building permit does not override other laws, such as zoning ordinances.
Permit Scope and Limitations
The understanding that a building permit authorizes work under the building code but does not grant relief from other pertinent laws, ordinances, or regulations of the jurisdiction.
- Permit issuance is not approval of code violations.
- Applicants are responsible for complying with all applicable laws.
- Does not relieve from responsibility for property line disputes, easements, etc.
Memory trick: Permit for Code, Not a Pass from All Law's Load.