Before You Build November 2006

by Jim Frazier
Images by R. Byrne

Homeowners contemplating home improvement projects are sometimes dismayed by the requirement for getting a building permit. As Jim explains, getting one of these isn’t usually difficult, And it is usually required.

Amateurs engaging in home improvement projects are often tempted to bypass the first step, which is to get a building permit. Not every project requires a permit. For example, fencing that doesn’t exceed six feet and aboveground swimming pools containing less than 5,000 gallons don’t usually require permits. Permits are required for spas, however, and even for portable spas because of the need to regulate electrical connections and setbacks.

The fact is that a building permit really is required for most structures and not getting one of these can prove to be more aggravating than obtaining one would have been. Sometimes property owners neglect getting required permits because they are ignorant of the requirement, but more often they just don’t want to be bothered by the need to do this.

The Safest Path to Home Improvement Projects
The principle that it is easier to ask for forgiveness than to ask for permission often doesn’t hold true for building permits. Sometimes the principle proves to be exactly wrong. You might end up spending a lot of money before you can get “forgiveness” for some building error. A homeowner is permitted to apply for a variance for an out-of-code structure but these are granted only for special circumstances.

In one case, for example, a two-story combination play-and-storage structure was built too close to a property line that adjoined one of the community walking trails. The non-compliant edifice was an elaborate structure with a deck and rails. The Building Office got a complaint from a citizen. A city inspector initiated a routine code enforcement action. He brought the code infraction to the attention of the property owner and invited him to talk to the planning department to figure out a remedy.

The inspectors tried to look at the structure in different ways to see if they could figure out some way of getting it under code. After a protracted series of negotiations during which the property owner exhausted his remedies, he finally obtained a permit and moved the structure to the point where he should have erected it in the first place.

We spoke with Lewis “Randy” Kidwell, who is the Chief Building Official for the City of Brentwood. He told us that it is always nice when people come into their offices with a sketch in hand showing what they intend to do. The sketch can be a diagram showing what a plot plan is. Only minimal details are required for smaller projects; the diagram need only show the intent of the project. The process isn’t necessarily laborious, and can even be fun. At that point the person at the desk in the office can pull up the homeowner’s address and check compliance.

“We’re here to help the homeowner,” Randy says. “If the guy doesn’t want to do a sketch, we have a Plan Checker who will go through the requirements at the counter.”

The Downside and Upside of Building Permits
The most common mistake people make when building without a permit involves location. Without going through the permit process, homeowners will often build structures too close to a property line. Property development projects all involve setbacks, which refers to a distance that must be maintained between a property line and the wall of the nearest structure.

Mandatory setback distances vary according to zoning designation. A larger property will often have larger setbacks than a smaller one. One zone may have different requirements than the adjoining one. Backyard setbacks are usually 20 feet minimum or, in some cases, an average of 20 feet. Side yard setbacks vary.

There are other distance limitations you need to be aware of. An unattached patio cover, for example, must be located eight feet from the nearest structure. You have to be careful even when installing a storage shed. These can have a maximum of only 120 square feet, and setbacks are still required.

Randy told us that building inspectors catch a lot of unpermitted structures that impinge upon the required setbacks or that violate other codes. They will inspect a new swimming pool, for example, only to discover that a nearby patio cover is too close to a property boundary or that a gas line running to a hot tub lacks required shielding. The property owner must then get a permit and bring the code violation up to compliance.

Occasionally, when faced with a stubborn or extremely negligent property owner a building department will initiate a code enforcement action. When individuals don’t begin to respond in good faith and a timely manner, they are liable to be fined.

“Our intention is not to issue citations,”says Randy, “but to solve the problem.”

Randy probably summarized the attitude of building code enforcement officials everywhere in East County when he said. “We work with the folks who are willing to work with us.”

The lesson in all this is the need to call the appropriate building department before designing any structure in order to learn the codes affecting your planned project. The process of getting the required information is pretty straightforward. You call up the appropriate building department or visit their office. Staff members will then locate your property on their zoning map.

The Where? Why? And How? of building Permits
The task of getting a building permit is not too difficult. For simple projects, for example, you don’t have to submit detailed engineering plans. People are prepared to help you understand what is required.

The first thing people contemplating a home improvement project need to know is from whom they must obtain a building permit. Building projects in Knightsen, Discovery Bay, Byron, Bethel Island, and other rural areas are under county jurisdiction and require prospective builders to submit forms to the county offices in Martinez or to the local county office in Brentwood, which is located at 1191 Central Boulevard.

Antioch, Oakley, and Brentwood, on the other hand, are all incorporated cities with their own building departments that issue building permits.

Three issues face you when considering a building project:

1. Do I need a permit?
2. What is required, prohibited, and denied for my project?
3. What further instructions do I need before I begin my project?

You can find information in response to these questions from the Building Department in the office of the municipality where you are doing the building. Except for Oakley you can get answers online. The City of Brentwood Building Department, for example, has links on their city webpage at www.ci.brentwood.ca.us that lead to sources of information. The county website has similar resources. It is located at www.co.contra-costa.ca.us. Click on “Departments” on the navigation bar across the top of the page and then choose “Building Inspections.”

For example, one helpful document called “Do I Need a Permit?” is available from the Brentwood office or online. We’re planning to build a shade structure for the next issue so we’ll carefully examine a brochure called “Wood Patio Cover and Enclosure Submittal Requirements.”

The City of Brentwood also has a series of handouts with helpful instructions about almost every kind of project you might be planning including such titles as “Above Ground Pools,” “Additions/Alterations,” “BBQ Islands,” “Inspections for Roofing,” “New Commercial Projects,” “Patio Covers and Enclosures,” “Swimming Pools/Spas,” “Tenant Improvement,” and others. Any of these handouts might provide a good starting point with information of interest even for projects that are not Brentwood-based.

In some cases, at least, if you are building a structure on your own property without hiring a general contractor, you need to fill out an Owner/Builder form to acknowledge your awareness of required laws, rules, and regulations.

The main document will be some version of a Permit Submittal Form. The entire process of getting a building permit can be summarized as filling this out successfully and receiving the actual permit.

There is no outbreak in East County of structures being built without obtaining the proper building codes. “We might see a dozen complaints a month about structures being built without permits or not according to code,” Randy admitted. Obviously, most builders — amateur and professional alike — have the wisdom to do things right when undertaking their home improvement projects.°