CPP Construction & Building Permits 2 — Questions and Answers
Question 1: What does 'substantial conformance' mean in the context of construction permit administration?
- A determination that minor field changes to approved plans do not materially deviate from permitted design and do not require a revised permit (Correct answer)
- Full compliance with every detail of the approved plans without any deviation
- A standard for approving permit applications with incomplete submittals
- A threshold above which a project requires an EIS
Correct answer: A determination that minor field changes to approved plans do not materially deviate from permitted design and do not require a revised permit
Most jurisdictions allow minor field adjustments that are in substantial conformance with approved plans without requiring a permit revision; significant changes require a revised permit.
Question 2: What is a 'stop work order' and under what authority can a building official issue one?
- An order halting construction due to a violation of permit conditions, approved plans, or applicable codes; issued by the local building official under authority granted by state statute and local ordinance (Correct answer)
- An OSHA order halting work due to worker safety violations only
- A court order halting construction during permit litigation
- A contractor's notice to suspend work due to non-payment
Correct answer: An order halting construction due to a violation of permit conditions, approved plans, or applicable codes; issued by the local building official under authority granted by state statute and local ordinance
Building officials have statutory authority to issue stop work orders when construction violates permit conditions or applicable codes; violating a stop work order typically results in permit revocation and fines.
Question 3: What is the difference between a 'building permit' and a 'building license' in U.S. construction law?
- A building permit authorizes a specific construction project; a building license (contractor's license) authorizes a person or business to perform construction work generally (Correct answer)
- They are legally identical terms used interchangeably
- A building permit is issued by the state; a building license is issued by the municipality
- A building license is required for residential work; a building permit is required only for commercial projects
Correct answer: A building permit authorizes a specific construction project; a building license (contractor's license) authorizes a person or business to perform construction work generally
Permits are project-specific authorizations for a particular construction activity; licenses are professional credentials authorizing a contractor to perform construction work across multiple projects.
Question 4: Under the ADA Standards for Accessible Design, what 'path of travel' obligation is triggered when an existing facility undergoes an alteration?
- The path of travel (accessible route to the altered area including restrooms, drinking fountains, and telephones) must be made accessible to the extent it is not disproportionate to the overall cost of the alteration (20% threshold) (Correct answer)
- The entire facility must be brought into full ADA compliance regardless of the alteration's scope
- No accessibility upgrades are required for alterations to existing buildings
- Only the directly altered space must meet ADA standards
Correct answer: The path of travel (accessible route to the altered area including restrooms, drinking fountains, and telephones) must be made accessible to the extent it is not disproportionate to the overall cost of the alteration (20% threshold)
ADA requires that when alterations are made, the path of travel to the altered area be made accessible; if the cost exceeds 20% of the primary alteration, only the primary alteration need comply.
Question 5: What is a 'phased permit' approach in large-scale construction projects?
- Issuing separate permits for distinct phases (foundation, shell, interior) to allow construction to begin before full design is complete (Correct answer)
- Requiring all permits to be obtained simultaneously before any work begins
- A permit that automatically expires and renews in phases
- A federal program for phasing construction near sensitive resources
Correct answer: Issuing separate permits for distinct phases (foundation, shell, interior) to allow construction to begin before full design is complete
Phased or 'fast-track' permitting allows construction of early phases to begin while later phases are still being designed, expediting large projects at the risk of design changes requiring re-review.
Question 6: What federal program requires lead-safe work practices for renovation, repair, and painting activities in pre-1978 housing?
- EPA's Renovation, Repair and Painting (RRP) Rule under TSCA Section 402 (Correct answer)
- OSHA Lead in Construction Standard (29 CFR 1926.62)
- HUD Lead Safe Housing Rule (24 CFR Part 35)
- CPSC Lead Paint Ban for Residential Use
Correct answer: EPA's Renovation, Repair and Painting (RRP) Rule under TSCA Section 402
The EPA RRP Rule requires certified renovators to use lead-safe work practices and follow containment and cleanup requirements when working in pre-1978 homes, schools, and childcare facilities.
CPP Construction & Building Permits 2
What does 'substantial conformance' mean in the context of construction permit administration?