Municipal Codes that Lead to Permit Rejections

Recap

In our last article, we discussed the challenges that builders and developers face while navigating the world of permitting. We explored the monetary impact on builders and developers, as well as some of the upcoming regulatory changes that will impact these construction markets in the near future. Below we’ll dive further into specific codes across the country that cause permit rejections.

Code Rejections per Municipality

Since codes vary from city-to-city and state-to-state, every city's rejection rates also vary. However, there are certain municipal codes in every geography that often lead to a poor permitting outcome. The list below is not exhaustive, but a good starting place to understand if you’re building in a new area or if you’ve had previous rejections in any of these municipalities. Also, see snips of the Code Clarifier in action for a handful of these!

Los Angeles, California

For residential housing in the City of Los Angeles, builders commonly miss the specific seismic retrofit requirements when building a living space above a garage or other open-concept ground floor. The following sections detail out the requirements for analyzing and retrofitting soft-story buildings to resist seismic forces. Missing this can result in permit rejection due to non-compliance with seismic safety standards.

• Applicable Codes:
  • 91.5.301.1.3.2: Woodframe Structures
  • 91.5.301.1.5: Seismic Design Provisions for Buildings on Slopes
  • 1613.6: Scope and Requirements for Lateral-Force-Resisting Systems

Boston, Massachusetts

In Boston’s historic districts, developers and building retro-fitters often overlook the requirements for preserving historic building facades or adhering to specific design guidelines that maintain the historical character of the area. Any changes to the exterior of historic buildings must be approved by the local historical commission. Developers who fail to submit appropriate plans that preserve historical elements or who propose non-compliant alterations risk permit rejections and delays.

• Applicable Codes:
  • Sec. 45-17: Protection Area Design Review and Design Guidelines
  • Sec. 44-7: Specific Design Requirements

San Diego, California

Development projects within San Diego’s Coastal Zone require a Coastal Development Permit (CDP). Developers often miss the extensive documentation required to demonstrate compliance with coastal protection laws, including public access, environmental preservation, and building height restrictions. Inadequate documentation or failure to secure a CDP can result in permit rejections.

• Applicable Codes:
  • Chapter 12, Article 6, Division 7: Coastal Development Permit Procedures
  • Chapter 14, Article 3, Division 1: Environmentally Sensitive Lands Regulations
  • Chapter 14, Article 3, Division 1: Development Regulations for Special Flood Hazard Areas

Miami, Florida

When building in areas designated as high-risk flood zones in Miami, stringent floodplain management and elevation requirements are required. The city requires that residential buildings in these areas be elevated to a certain height above the base flood elevation (BFE). Additionally, requirements for anchoring and materials exist in order to prevent flood damage.

• Applicable Codes:
  • Sec. 11C-3: Development in either Special Flood Hazard Areas, Coastal High Hazard Areas, or Outside Special Flood Hazard Areas
  • Sec. 11C-4: Development within Coastal High Hazard Areas
  • Sec. 11C-5: Development within Special Flood Hazard Areas

San Francisco, California

In San Francisco, many developers fail to meet fire safety and egress requirements, particularly in multi-family residential buildings. One common oversight is inadequate egress windows in bedrooms, which must meet specific size and operability criteria to allow occupants to escape in an emergency. Windows that do not meet the minimum size (at least 5.7 square feet, with a minimum opening height of 24 inches and width of 20 inches) or fail to provide clear access to the outdoors can lead to permit rejections.

• Applicable Codes:
  • Sec. 1030: Emergency Escape and Rescue

‍

If you’re a developer, builder, solar/storage installer, electrician, or any other trade that comes in contact with municipal codes, doing your research beforehand will not only save you time in the long-run, but also lower your soft costs.

Learn More!

In the next article in the series, learn how to lower barriers to entry when expanding your geographic footprint. We will discuss ways to speed up the code/requirement research and decrease the cost impacts of growing into a new region that you plan on serving.