05.06.24
The City strives to implement policies to ensure that work proceeds in a safe and continuous manner and complies with the most recent version of the City’s Building Construction and Occupancy Code (the Code). As such, the Code dictates that a permit will become invalid if work is not commenced within six months of issuance, or is suspended for a period of six months, and that all work covered under a permit be completed within five years of the date of issuance.
In 2020, the Department of Licenses and Inspections (L&I) adopted a new program that ties a permit to an addressable object, such as a building or condominium unit. Therefore, a separate permit is required for each building or unit on a parcel. Moreover, the Code requires that there be a separate permit record for each trade permit associated with a project.
The City’s recent Code bulletin on permits clarifies that a “project” may include “multiple building permits for the new construction of structures on a single parcel” or multiple building permits for the renovation of spaces within a single building and any associated trades permits like electrical, fire suppression, mechanical or plumbing permits.
A building or trade permit associated with a project will not expire if any building permit within the project has commenced construction and that construction work has not halted for a period of more than six months (unless an extension has been granted). Moreover, a trade permit will not expire if the associated building permit remains active. Alternatively, if a building permit expires, all associated trade permits will be deemed expired. Lastly, all work under the project has to be completed within five years of the issuance of the first permit, or the individual permit expirations will apply.
The City has also recently promulgated new rules related to construction or demolition work. Notification is now required to describe the scope of work, provide a schedule of work, and detail anticipated protection and monitoring measures for an adjacent property. The notification must also include contact information for the project and a copy of the contractor’s Certificate of Insurance for general liability and must be provided both at the time an application is submitted and a minimum of 10 days prior to the start of work.
Proof of this initial notification to the adjacent owner must be submitted with the building permit application. If proof of receipt of the notification cannot be obtained, the building permit will not be issued for a minimum of 60 days from application.
This notification is required to be provided to adjacent property owners of certain upcoming construction or demolition activities such as:
Among other things, the notification must include a description of the nature of the work, an estimated schedule and duration, plans or details depicting work that may affect the adjacent property, a copy of the contractor’s Certificate of Insurance for general liability and contact information for the project.
Construction notices and permit issues are very fact-specific and can be complicated to navigate. If you have questions related to a building permit or notifying neighbors of impending construction work, please contact one of the zoning and land use attorneys at our firm.
Co-authors Ron Patterson, chair, and Augusta O’Neill, associate, are members of the zoning & land use practice group at Klehr Harrison.