2nd draft of building code administrative provisions - eng 656540

7/27/2019 2nd Draft of Building Code Administrative Provisions - Eng 656540

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Chapter I Administration


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Unified Construction Code of Republic of KosovoSection 1 Administrative/Legal

Chapter I - Administration

I. GENERAL

1.

1.1. Title. These technical regulationsshall be known as the UnifiedBuilding Code of Republic of Kosovo.It is referred to in this document andin related laws or administrativeinstructions as the Code or theConstruction Code.

1.2. Scope. This Code establishestechnical requirements for thedesign, construction, alteration,repair, reconstruction, and

demolition of buildings and otherconstruction objects within theRepublic of Kosovo.

1.3. Purpose. The purpose of theCode is to establish the minimumrequirements to safeguard the publichealth, safety and general welfarethrough the necessary resistance ofthe structure of means of egressfacilities, equilibrium and stability,

sanitation, management of construction waste, adequate lightand ventilation, energy efficiencyand savings measures, and safety tolife and property from fire and otherhazards attributed to the builtenvironment and to provide safety tofire fighters and emergencyresponders during emergencyoperations, as well as any othertechnical requirement that isconsidered a relevant technical issue

by its nature.

1.4. Applicability. This Code shallapply to:1.4.1. The design and construction ofnew structures;1.4.2. Any changes in use of anexisting structure that places it in adifferent category of construction,unless the proposed change of use isless hazardous to health and safetythan the previous use;

1.4.3. Any alterations, additions, orchanges to an existing structure forwhich a building permit is required;1.4.4. Existing structures, facilities

and conditions when identified inspecific sections of this Code or byother laws or regulations;1.4.5. Existing structures, facilitiesand conditions that, in the opinion ofthe competent body, constitute adistinct hazard to life or property.

1.5. Terms & Interpretation.1.5.1. All terms in this Code shall beconsistent with the terms as used inthe Eurocode. Questions of

interpretation should refer to howthose terms are interpreted in theEurocode system.1.5.2. If different sections of thisCode require different material,methods of construction or otherrequirements, the most restrictiveprovision shall govern.1.5.3. If there is a conflict between ageneral requirement and a specificrequirement, the specific

requirement shall govern.

1.6. Standards. References tostandards in this Code shall beconsidered part of the Code. Whendifferences occur between provisionsof this Code and the referencedstandard, the provision of this Codeshall apply. The standards referredto by the Code have been adoptedby the Kosovo StandardizationAgency and copies of the standards

can be purchased from this agency.1.6.2. Exception: If differences occurbetween provisions of this Code andthe referenced standard due totranslation issues, the provisions ofthe original official language of thestandard prevail.1.6.3. Exception: If enforcement of aCode provision would violate theconditions of listing of the equipmentor appliance, the conditions of listingand manufacturers instructions shallprevail.

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1.7. Appendices. Appendices of theCode are expressly included asportions of the Code.

1.8. Partial Invalidity. If any portionof this Code is held to be invalid, thatdecision will not affect the validity ofthe remaining sections of the Code,which shall remain in full force andeffect.

II. RESPONSIBILITIES AND

POWERS OF COMPETENT BODIESENFORCING THE CODE

2.

2.1. Enforcement of Code.2.1.1. Officials from competentbodies are authorized to enforce theprovisions of this Code.2.1.2. The Ministry of Environmentand Spatial Planning shall have

authority to interpret this Code andto adopt sublegal acts to clarify itsapplicability. Such interpretationsand sublegal acts shall be inconformance with the intent andpurpose of this Code.

2.2. Applications & Permits. Thecompetent body shall receiveapplications, review constructiondocuments, and issue terms ofconstruction and construction

permits in accordance withprocedures set forth byAdministrative Instruction.

2.3. Notices & Orders. Thecompetent body shall issue allnecessary notices or orders toensure compliance with this Code.

2.4. Inspections. Competent bodiesare authorized to make all requiredinspections and to accept reports ofinspection by approved agencies orindividuals of inspections of

construction works for which permitshave been issued in accordance withprocedures set forth byAdministrative Instruction. Reports

of such inspections shall be in writingand signed by a responsible officer ofthe competent body or by theresponsible individual.

2.5. Identification. Officials fromcompetent bodies shall carry properidentification when inspectingstructures or premises in theperformance of duties under thisCode.

2.6. Right of Entry.2.6.1. Inspectors have a right toenter a structure at reasonable timesto inspect or to perform the dutiesunder this Code if:2.6.1.1. The applicant has scheduledan inspection required under the Lawon Construction or this Code; or2.6.1.2. The inspector hasreasonable grounds, based upon aninspectors own observation, to

believe that a condition exists on thepremises that is a substantialviolation of this Code or thatpresents an imminent and severedanger to public health and safety;or2.6.1.3. Serious damage or injury hasoccurred on the site; or2.6.1.4. The inspector receives asubstantiated complaint indicatingthat there is a substantial Codeviolation or an imminent and severe

danger to public health and safety.2.6.2. Inspectors must carry properidentification and must present thisidentification when they requestentry to the premises or structure;2.6.3. If the structure or premises isunoccupied, the inspector must firstmake a reasonable effort to locatethe owner or other person havingcontrol of the premises and requestentry.

2.7. Records. In accordance with theLaw on Construction, Article 13,

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competent bodies shall archiveconstruction documents. Thisincludes keeping official records ofapplications received, on-line

tracking spreadsheets, reviewchecklists, terms of construction andpermits issued, informationregarding any permit that is deemedto have been granted due to theSilence is Consent principle, fees andcharges collected, reports ofinspections, notices and ordersissued, certificates of occupanciesgranted, and the total number ofsquare meters permitted.2.7.1 Records shall be made

available to the applicant uponrequest.2.7.2 Records shall also be madeavailable to others in accordancewith the Law on Access to OfficialDocuments, No. 2003/12 or otherapplicable law. However, competentbodies shall take steps to protectpersonal data of applicants and shalltreat construction documents ascontaining data of private

commercial interest, includingintellectual property.

2.8. Liability. If employees orrepresentatives of competent bodiesact in good faith and without criminalintent, their actions or omissionsshall not rise to the level of violationsunder the Law on Construction, No.04/L-110, Article 36 and they shallnot be liable personally for anydamage to person or property arising

because of an act or omission indischarge of official duties to enforcethis Code.

2.9. Approved Materials andEquipment. Materials, equipmentand devices approved by the buildingofficial shall be constructed andinstalled in accordance with suchapproval.

2.10. Modifications and AlternativeMaterials, Designs and Methods.

2.10.1. At the request of anapplicant, competent bodies maygrant modifications to Coderequirements if the competent body

finds that the strict adherence to thisCode is not practical. Modificationsmust be in compliance with theintent and purpose of the Code andmust not lessen health, life and firesafety requirements, or structuralintegrity.2.10.2. A competent body mayrequire tests, at the expense of theapplicant, to support a request formodification. Test methods must beas specified in this Code or by other

recognized testing standards.2.10.3. Decisions grantingmodification and reports of testingmust be kept in the official records ofthe competent body.

III. CONSTRUCTION PERMITS

3.

3.1. Responsibility. Every personwho designs or performsconstruction work for the installationor repair of building, structure,electrical, mechanical or plumbingsystems, for which this Code isapplicable, has a duty to comply withthis Code.

3.2. Permit Required. Any owner orauthorized agent who intends toengage in construction activities

must obtain a permit in accordancewith the Law on Construction andapplicable AdministrativeInstructions.

3.3. Permit Not Required. Someconstruction works do not require apermit. Works not requiring a permitare defined in the Law onConstruction and AdministrativeInstruction. Even if a constructionworks does not require a permit, itmust still comply with this Code and

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all other laws, sublegal acts, andmunicipal requirements.

3.4. Placement of Permit. The

construction permit or copy thereofmust be kept at the construction siteuntil the project is complete.

IV. CONSTRUCTION DOCUMENTS

4.

4.1. Documents Required.Construction documents to besubmitted are listed in Annex A.

Construction documents for CategoryI shall be prepared by a licenseddesign professional if required by theregulations of the municipality wherethe project is to be constructed.Construction documents forCategories II and III shall be preparedby a licensed design professional. Ifspecial conditions exist, thecompetent body is authorized torequire additional construction

documents to be prepared by alicensed professional. If the projectis simple and reviewing constructiondocuments is not necessary to obtaincompliance with the code, thecompetent body may simplify thenumber and type of documentsrequired.

4.2. Information on ConstructionDocuments. Constructiondocuments shall clearly show the

location, nature, and extent of thework proposed and show in detailthat it will comply with the provisionsof the Code and related laws,regulations and administrativeinstructions.

4.3. Manufacturers InstallationInstructions. Manufacturersinstallation instructions shall beavailable at the job site at the timeof inspections.

4.4. Amended ConstructionDocuments. Work shall be installedin accordance with the approvedconstruction documents, and any

changes made during constructionthat are not in compliance with theapproved construction documentsshall be resubmitted for approval asan amended set of constructiondocuments.

V. CONSTRUCTION DIARY ANDCONSTRUCTION BOOK

5.

5.1. The contents of the constructiondiary and construction books are setforth by the Ministry in a sublegalact. The construction diary andconstruction book shall be kept atthe job site and made available forinspection if requested by thecompetent body or its designatedinspector.

VI. INSPECTIONS

6.

6.1. Scope of Inspection Supervision.Inspection supervision involvesinspection of construction works todetermine compliance withconstruction documents and thisCode. Inspection supervisioninvolves periodic checks only. It

does not substitute for theapplicants own daily control of theconstruction works, nor does itrelieve the applicant or the projectsdesign and constructionprofessionals of the duty to ensurethat the construction works aredesigned and built competently andare fully compliant with this Codeand all relevant laws and regulations.

6.2. Inspection Phases. Thecompetent body, upon notification ofthe applicant, shall make or cause to

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be made any necessary inspectionsand shall either approve that portionof the construction as completed orshall notify the applicant if the

construction fails to comply with theCode. Inspections shall be carriedout during the following phases ofconstruction:

6.2.1. Foundation Inspection(Pre-Pour). Inspection of thefoundation shall be made after polesor piers are set or trenches orbasement areas are excavated andany required forms are erected andany required reinforcing steel is in

place and supported prior to pouringthe concrete. The foundationinspection shall include sewer anddrain lines, footings, foundationwalls, surface preparation, vaporbarrier, lot contour and grading,verification of material belowfoundation, depth of excavation, anduse of proper material underfoundation.

6.2.2. Structural Inspection.Inspection of structural elements,depending on the type of construction, as follows:

6.2.2.1. Concrete structures -6.2.2.1.1. Pre pour inspections forevery structural element, including:formwork for alignment anddimensions and their surfacecondition, reinforcement forinstallation according to design,

splices and their condition (rust,paint), concrete joint surfaces.6.1.2.1.2. Concrete placementinspection, verifying use of requiredconcrete class, that samples arebeing tested, QA/QC measures arebeing taken, and special protection ismade for cold and hot weather.6.1.2.1.3. Post concrete inspection toverify appropriate curing, form inplace for a specified period of time,etc.

6.2.2.2. Masonry Structures- Inspection of site prepared mortar,placement of masonry units andmortar joints according to design,

placement of reinforcement, size ofmain structural elements, anchorageof masonry to other structuralmembers, and protection of masonryduring cold and hot weather.

6.2.2.3. Steel structures Materialverification of structural steel;verification of bolts, nuts, washers,inspection of bolting; verification offiller materials and inspection andtesting of welding; inspection of steel

joint details for compliance withdesign.

6.2.2.4. Timber structures - Materialverification of structural timber,verification of joints, erection oftimber frame, verification of roofframing prior to covering.

6.2.3. Installations Inspection.Inspection of electrical wiring,

plumbing, ducts and roof shall bemade before covering orconcealment and before fixtures orappliances are set or installed.

6.2.4. Fire Safety Inspection.Inspection to determine compliancewith fire safety requirements shall bemade when all fire safetyrequirements and installations are inplace.

6.2.5. Final inspection. Finalinspection shall be made after theconstruction work is completed andprior to occupancy.

6.2.6. Other inspections. Inaddition to the inspections listedabove, the competent body maymake or require other inspections asthe project requires confirmingcompliance with this Code or otherlaws.

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6.2.7. Review of Permit,Construction Book andConstruction Diary. In addition tothe technical review, inspectors shall

also confirm that the construction isin accordance with the constructionpermit and shall check theconstruction book and constructiondiary to confirm that materials havebeen inspected by the constructionpermit possessor for compliance withthe Code and relevant SK ENstandard.

6.3. Inspection requests. Theapplicant or its agent has the duty of

notifying the competent body thatthe work is ready for inspection. It isthe duty of the person requestinginspection to provide access to andmeans for inspection of the work.

6.4. Approval required. Work shallnot be done beyond the pointindicated in each successiveinspection without first obtaininginspection approval. If the

construction work is satisfactorilycompleted, the inspector shall issuea report and sign the inspection cardindicating that the project haspassed that stage of the inspection.If the work is not compliant with theCode and fails to pass inspection, theinspector shall issue a report notingthe noncompliance. Any portions ofthe construction works that do notpass inspection shall be remediedand such portion shall not be

covered or concealed untilauthorized by the inspector.

6.5. Cultural Heritage. Constructionworks involving cultural heritagesites also must comply withinspections required by the Law onCultural Heritage and related sub-legal acts.

VII. OCCUPANCY CERTIFICATE

7.

7.1. Use and Occupancy. For allconstruction works that require aconstruction permit, an occupancycertificate shall be obtained in

accordance with the Law onConstruction before the constructionworks may be occupied. Issuance ofan occupancy certificate shall not beconstrued as an approval of aviolation of this Code or of other lawsor regulations. Certificatespresuming to give authority toviolate or cancel the provisions ofthis Code or other laws or regulationsshall not be valid.

7.2. Application for Certificate.Requirements for issuance of anoccupancy certificate are set forth inthe Law on Construction, ChapterVIII.

7.3. Contents of Certificate. Theoccupancy certificate shall containthe following:7.3.1. The permit tracking number;7.3.2. The address of the structure,

or other locating information;7.3.3. The name and address of theowner;7.3.4. A description of theconstruction works for which thecertificate is issued;7.3.5. A statement that the describedstructure has been inspected forcompliance with the requirements ofthis Code;7.3.6. The name of the official of thecompetent body issuing the

certificate;7.3.7. The version of the Code underwhich the permit was issued;7.3.8. Any special requirements orconditions of the building permit.

7.4. Temporary OccupancyCertificates for Construction Workswith Independently FunctioningParts. Competent bodies areauthorized to issue temporarycertificates of occupancy before thecompletion of the entire workcovered by the construction permit

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for construction works withindependently functioning parts. Thetemporary occupancy certificate canbe issued for the independently

functioning part if such part can beoccupied safely. The competentbody shall set a time period duringwhich the temporary occupancycertificate is valid. A final occupancycertificate is issued upon completionof the entire project, in compliancewith the procedures for issuingoccupancy certificates.

7.5. Revocation. The competentbody shall, in writing, suspend or

revoke a certificate of occupancyissued under the provisions of thisCode whenever the certificate isissued in error, or on the basis ofincorrect information, or if it isdetermined that the building orstructure or any part thereof is inviolation of law or this Code.

VIII. PERMITS DEEMED ISSUEDBY OPERATION OF LAW (SILENCE

IS CONSENT)

8.

8.1. Applicants, designers andconstruction professionals areresponsible for complying with allprovisions of this Code, laws,regulations and terms of constructioneven when constructing constructionworks under a permit that has beendeemed to be issued because the

competent body did not issue adecision within the time framerequired by law. This includes, but isnot limited to, the duty to complywith inspections and provisionsrequiring an occupancy certificate.

IX. UTILITIES

9.

9.1. Connection of utilities. Noperson shall make connections froma public utility network to any

building regulated by this Code forwhich a permit is required untilapproved by the utility provider.

9.2. Temporary connections. Theutility provider shall have theauthority to authorize and approvethe temporary connection of thebuilding or system to the utility.

9.3. Authority to disconnect utilities.The utility provider shall have the

authority to authorize disconnectionof utility service to the building,system or structure regulated by thisCode in case of emergency wherenecessary to eliminate an immediatehazard to life or property or whensuch utility connection has beenmade without the required approval.

The official of the competent bodyshall notify the serving utility andwhenever possible the owner and

occupant of the structure of thedecision to disconnect prior to takingsuch action or, if not possible,notification shall be made in writingas soon as practical afterdisconnection.

X. VIOLATIONS

10.

10.1. Unlawful acts. It shall beunlawful for any person, firm, orcorporation to erect, construct, alter,extend, repair, move, remove,demolish or occupy any building orstructure regulated by this Code, orcause the same to be done, inconflict or in violation of any of theprovisions of this Code.

10.2. Notice of violation. Thecompetent body is authorized toserve a notice of violation or order onthe person responsible for the

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erection, construction, alteration,extension, repair, moving, removal,demolition or occupancy of a buildingor structure in violation of the

provisions of this Code, or in violationof construction documents, or inviolation of a construction permit oroccupancy certificate issued inaccordance with this Code.

10.3. Prosecution of violation. If thenotice of violation is not compliedwith in the time prescribed by thenotice, the competent body isauthorized to pursue legalproceedings to restrain, correct or

abate such violation, or to requirethe removal or termination of theunlawful occupancy of the building orstructure in violation of this Code orof the order or direction madepursuant thereto.

10.4. Violation penalties. Any personwho violates a provision of this Codeor fails to comply with any of therequirements thereof or who erects,

constructs, alters, or repairs abuilding or structure in violation ofthe approved constructiondocuments or direction of thecompetent body, or of a constructionpermit or occupancy certificateissued in accordance with this Code,shall be subject to penalties asprescribed by law.

XI. STOP WORK ORDER

11.

11.1. Notice to owner. Upon noticefrom the competent body that workon any building or structure is beingprosecuted contrary to the provisions

of this Code or in an unsafe anddangerous manner, such work shallbe immediately stopped. The stopwork order shall be in writing andshall be given to the owner of theproperty, or to the applicant, or tothe person doing the work and shallstate the conditions under whichwork will be permitted to resume.

11.2. Unlawful continuance. Any

person who continues any work afterbeing served with a stop work order,except such work as that person isdirected to perform to remove aviolation or unsafe condition, shall besubject to penalties as prescribed bylaw.

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