Sustainable Land Development Today - March 2008 - (Page 38) REGULATORY National Trends in the Commercial Real Estate Development Approvals Process State legislature and local jurisdictions continue to work toward reasonable, timesaving approaches By AnneMarie Eustace The latest trends in the approvals process were fueled by the real estate development boom that began in the late 1990s. Since that time, gains and losses have occurred relevant to streamlining the process on both the state and local levels, in spite of the fact that the permitting process has been an outside variable. It remains encouraging that developers are being invited into discussions relevant to the improvement of existing permitting systems or in some cases, creating new systems altogether. More and more local and state agencies with building code enforcement authority are implementing successful alternatives for plan review and inspection programs in an effort to expedite the commercial approvals process. Outside Consultants for Plan Review and Inspections The state of Texas implemented a program where “contract providers,” who are approved outside consultants, provide both plan review and inspections for compliance with the Texas Accessibility Standards. Essentially, a developer contracts directly with a state-approved consultant to review their building and site plans for compliance with the state’s accessibility regulations. The plan review occurs independently from the building department reviews, though the building department may require proof of approval prior to permit issuance. Inspections by contract providers are also mandated to ensure the accessibility elements were constructed in accordance with the approved plans. The inspections are totally independent from the building department inspections; in fact, the accessibility inspection can occur up to one year after the building has been occupied and the business is operational. Florida’s private provider program expands the concept utilized in Texas by incorporating a comprehensive plan review for all aspects of the Florida Building Code series, not just the accessibility component. Similar to Texas, developers can contract with qualified “private providers” for plan-review and inspection services of commercial facilities. Unlike the independent connection with the building departments in Texas, Florida’s program is intertwined with the building departments. For example, once the plans are reviewed and approved, the private provider must document the review with an affidavit. Immediately following, the plans must still be submitted to the building department for fire code review, at a minimum, since the Florida Fire Prevention Code is independent of the Florida Building Codes. The same type of documentation is required by the provider during the inspection process and must be provided to the building department which maintains responsibility for the Certificate of Occupancy. Audits for both the plan review and inspection side can be initiated at the discretion of the building department as a quality control feature to ensure that the minimum standards are met. Local Alternatives and Plan Review Offer Enticing Options Three years ago, the city of Chicago implemented a successful “self certification” system. This program allows the architect, for example, to become an authorized, selfcertified architect who can review his or her own work and certify that the plans are in compliance with the city of Chicago building codes. With a scheduled appointment, a cursory review is completed over the counter at the building department and if the plans are approved, the permit can be ready for issuance in a matter of days. This replaces the city’s traditional plan review where it can take months for a project to be approved. One of the reasons the program is successful is that the city has provided specific parameters. For example, from the outset, the city limited the type of projects that would qualify. Alterations or tenant build outs were accepted, though only certain occupancies such as business and mercantile were permitted. Recently, however, due to the program’s success, the city has expanded its definition of qualified buildings to include small assembly occupancies up to 300 occupants, which enables most restaurants, as well as retail buildings to participate. Similar to Florida, the city can conduct random audits of projects to ensure the program maintains its integrity. Another jurisdiction that has created a system to assist the developer to expedite the permitting process is the city of Raleigh, N.C. Once the plans are reviewed through the traditional submittal process, the city allows the applicant to request a meeting to be attended by all signing and sealing professionals for clarification. This system allows plan approval to be finalized right there in the meeting with permit issuance taking 38 March 2008 Sustainable Land Development Today
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