Getting to Getting to

Michael F. Malinowski AIA Applied Architecture Inc Sacramento CAMichael F. Malinowski AIA Applied Architecture Inc Sacramento CA

“The Wood Products Council” is a Registered Provider with TheAmerican Institute of Architects Continuing Education Systems (AIA/CES). Credit(s) earned on completion of this program will be reported to AIA/CES for AIA members. Certificates f C l ti f b th AIA b d AIA bof Completion for both AIA members and non-AIA members are

available upon request.

This program is registered with AIA/CES for continuingThis program is registered with AIA/CES for continuingprofessional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner ofthe AIA of any material of construction or any method or manner ofhandling, using, distributing, or dealing in any material or product.

Questions related to specific materials methods and services willQuestions related to specific materials, methods, and services willbe addressed at the conclusion of this presentation.

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© The Wood Products Council 2014© The Wood Products Council 2014

“The Wood Products Council” is a • This course is registeredRegistered Provider with The American Institute of Architects Continuing Education Systems (AIA/CES) Provider #G516

This course is registeredwith AIA CES forcontinuing professional education. As such, it does not incl de content that(AIA/CES), Provider #G516. not include content thatmay be deemed or construed to be an approval or endorsement by the AIA

Credit(s) earned on completion of this course will be reported to AIACES for AIA members. Certificates of Completion for both AIA

yof any material of construction or any method or manner ofhandling usingof Completion for both AIA

members and non-AIA members are available upon request.

handling, using,distributing, or dealing in any material or product.

• __________________________________Questions related to specific materials,Questions related to specific materials,methods, and services will be addressed at the conclusion of this presentation.

Getting to YES

At the end of this program, participants will be able to:

• Understand the differences between discretionary entitlements and ministerial entitlements, and what that means for project approval strategies.

• Develop an understanding of principles and strategies for use of the Alternate Materials and Means Request (AMMR) process in navigating permit approvals

• Improve cooperation and dialogue between plan review professionals and design professionals to allow for great efficiency, better work product, improved code compliance, and reduced professional liability exposure.

• Engage design professionals as effective and innovative partners in the code and regulatory arenas in which they work.

Design Professionals typically work withTwo different kinds of Entitlements

DiscretionaryDiscretionary

MinisterialMinisterial

Getting to YES

Design Professionals typically work withTwo different kinds of Entitlements

MAYBEMAYBE Yes … Yes … No … No …

YES …. YES …. BUTBUT

Building versus PlanningGetting to YES

u d g ve sus a g

Ministerial Code Can’t Cover Everything so sometimes …

MAYBE t th i ta MAYBE enters the pictureThe ability to consider Alternate Materials, Design, and Methods of Constructionof Construction

Alternate AMaterials MMethods M

Performance Code Provision within our typical Prescriptive Code

Request R

Performance Code Provision within our typical Prescriptive CodeFramework

Getting to YES

Getting to YES

I Codes: Section 104 11I Codes: Section 104.11

Getting to YES

Getting to YES

104 11 1 Supporting data where necessary shall104.11.1 Supporting data where necessary … shallconsist of valid research reports from approvedsources (reliability and accuracy)( y y)

104.11.2 Tests: Bldg official can require tests, by an approved agency; reports retained in the publicpp g y; p precords

Approvals cannot WAIVE code requirementspp q

Burden of proof lies with applicant

Data is required: referenced standards calculationsData is required: referenced standards, calculations,research reports;

Getting to YES

Alternate Means restriction might also be in other placesAlternate Means restriction might also be in other placesin code

– CBC section 1.8.7; has limitations restricting use for mobile homes and factory built housing

Case by Case basis required (no blanket approvals)Case by Case basis required (no blanket approvals).– PEX / Aquatherm examples: must be requested by each applicant

Getting to YES

When is an AMMR may be a good choiceWhen is an AMMR may be a good choice– Innovations: new materials; or new uses / patterns for existing materials

• Example: CLT – “New Material” ?

• May be only approach

– New Design concept• Atrium hotel; enclosed shopping mall; pedestrian bridge• May eventually end up in regular code

– Complex geometries: multiple construction types or simultaneous use of separate code provisions (Example: CapLofts)

Getting to YES

• Conundrums: existing conditions; immovable objectsConundrums: existing conditions; immovable objects

• Size of an elevator; width of an existing stair• Six story open stair• Buildings built abutting with no seismic separation• Building built with windows on the property line; other buildings built over windows

Other paths for resolving such conundrums • Existing building code provisions (Chapter 34)

• 2012 International Existing Building Code;

• Alternative Compliance approach of 3412 (point system)• Alternative Compliance approach of 3412 (point system)

• Historic Considerations

– POB vs Historic Building: 50 years old; significant character? – List/Registry ? Create One (Public/Private Partnership) ?

Getting to YES

• Solving ‘political’ problemsSolving political problems– Examples: Buried conflicts (buried sewer line runs under building); property

line runs through building; past changes done without permits; 85 year old planning moving to retirement home; cleaning up guilt over a 40 year old remodel done without permits; used ‘panelized system’ for a room addition now would like a permit

• Resolving Interpretation DifferencesOther Options besides AMMR’s

– Bring in a consulting Expert– Appeals Board– Negotiation

Getting to YES

When an AMMR may not helpWhen an AMMR may not help

• Solving budget problems– Cost can’t be a basis for alternative; code official’s mandate is to protect theCost can t be a basis for alternative; code official s mandate is to protect the

public

• Solving time problemsg p– Time to process an AMMR request may be substantial; uncertainty involved

as the path is not ‘scripted’; incentive to invest time/money on public side to evaluate and consider options may be a factorevaluate and consider options may be a factor

– Example: SOVENT plumbing system, and union financed study

• When meeting the intent of the code just does not iblseem possible

– Some things should just plain not be built!

Getting to YES

• Follow the Script Local AHJ (authority having jurisdiction) may have forms steps criteria– Local AHJ (authority having jurisdiction) may have forms, steps, criteria

Getting to YES

• Follow the Script • Local AHJ (authority having jurisdiction) form steps criteria• Local AHJ (authority having jurisdiction) form, steps, criteria

Getting to YES

• Adjust your Perspective

• Change from Designer hat (weighing code, appearance, function, cost, construction schedule, … etc) to Code Official Hat (protect the public health safety welfare)welfare).

• Conservative.

• Documents.

• Testing.

• Adopted standards.

• Innovation not part of the mix; or happy clientInnovation not part of the mix; or happy client …

Getting to YES

• Find a foundation in the adopted code• Interpretive manual• Interpretive manual• Published reports : Code Corner for example• Find similar situations in the code: windows in fire resistive

elements: how are they addressed?elements: how are they addressed?• Code ‘tricks’

– Special Provisions– Horizontal exit– Imaginary Lines

Getting to YES

• Find examples that have been approved• Open book: public vs private information• Open book: public vs private information• Peers• Built projects• Experts: Has it been done before in some fashion?Experts: Has it been done before in some fashion?

Getting to YES

• Start with an outline• Applicable code sections• Applicable code sections• What is intent• How else can intent be met

Getting to YES

• Get in Agreement before getting in too deep• Meet and discuss ideas for approach• Meet and discuss ideas for approach

• Examplesp

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100 it 1000 it100 suit 1000 suit

– Exposed Unprotected Wood in a One Hour building

• KISS principal• Type V vs IV Construction• Mixing construction types ?• Calculated fire resistance• Calculated fire resistance

Getting to YES 32

I Joists

Getting to YES

Messy Historic Building Conditions:Windows on property line

i i h llInterior Light WellsMissing Egress windowsFour story open stairUnreinforced masonry and weak frontyProjections over Property LineExisting Conditions that do not meet code

Getting to YES

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Complex / Mixed Construction types, Occupancies, Proximity to Property line or Assumed Property lines

Getting to YES

Historic 6 storyClassified as NewType 1B

NewConstructionType VAThree story withmezzaninesOver Two level 1A Podium1A Podium

NewConstruction Historic 6 story

ClassifiedType 1B

ConstructionType VAThree story with

imezzanines

Over Two level 1A Podium

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Code ReferencesInterpretive ManualSteve Winkel BookSteve Winkel Book

HUD referenceOn Line Resources

Ara Sargasian Spreadsheet tool (now Woodworks.org)Ara4helpCode Corner

ConsultantsPreview GroupPreview GroupRSWLAONPeers

d kWoodWorks.Org Team

Getting to YES

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http://www.specsandcodes.com/

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jchurchill@churchilleng.com

Getting to YES

Getting to YES

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– Code compliance is the gold standard in determining the standard of care for Professionals

– Code compliance insures that buildings are safe

C d i 'd i d l ' l– Code is 'design and style' neutral

– Uniform Code: the same result is achieved where ever and i i iwhenever it is applied

– Direct and clear Code opinion from the source will take precedence over local official

– Once a project's permit is issued, it is by definition in compliance with the code. Building final assures code compliance.

Getting to YES

National perspective vs Charlotte/Meclenburg County The objective

its not just about speed

More efficientMore effective processes

Getting to YES

The Benefits

1. Time and Moneyy2. Community Economic Development Stimulus

The Price Coopers Study: Show me the Money3. Community Environmental Benefits

Hi h f b ilt i tHigh performance built environmentSustainabilityEnergy conservation

Getting to YES

The Economic Impact ofThe Economic Impact ofAccelerating Permit Processes

on Local Development and Government RevenuesGovernment Revenues

December 7, 2005

Delays in Building Permit Approvals Cause Millions in Lost Revenue for Delays in Building Permit Approvals Cause Millions in Lost Revenue for Delays in Building Permit Approvals Cause Millions in Lost Revenue for Communities

Report Finds Opportunities to Increase Development Activity and Local Tax Revenue

Washington D C January 25 2006 At the U S Conference of Mayors

CommunitiesReport Finds Opportunities to Increase Development Activity and Local Tax

RevenueWashington D C January 25 2006 At the U S Conference of Mayors

CommunitiesReport Finds Opportunities to Increase Development Activity and Local Tax

RevenueWashington D C Jan ar 25 2006 At th U S C f f MWashington, D.C. – January 25, 2006 – At the U.S. Conference of Mayors,The American Institute of Architects (AIA) today released a report showing that communities with a more efficient building permitting process can gain millions of dollars in tax revenues and significantly bolster their economic

Washington, D.C. – January 25, 2006 – At the U.S. Conference of Mayors,The American Institute of Architects (AIA) today released a report showing that communities with a more efficient building permitting process can gain communities with a more efficient building permitting process can gain millions of dollars in tax revenues and significantly bolster their economicmillions of dollars in tax revenues and significantly bolster their economic

Washington, D.C. – January 25, 2006 – At the U.S. Conference of Mayors,The American Institute of Architects (AIA) today released a report showing that communities with a more efficient building permitting process can gain communities with a more efficient building permitting process can gain millions of dollars in tax revenues and significantly bolster their economicmillions of dollars in tax revenues and significantly bolster their economicmillions of dollars in tax revenues and significantly bolster their economic

development. The AIA commissioned PricewaterhouseCoopers LLP to study the relationship between building permit processes, local economic activity, and government tax revenues. The study concluded that the implementation

millions of dollars in tax revenues and significantly bolster their economicmillions of dollars in tax revenues and significantly bolster their economicdevelopmentdevelopment. The AIA commissioned PricewaterhouseCoopers LLP to study the relationship between building permit processes, local economic activity, and government tax revenues. The study concluded that the implementation

millions of dollars in tax revenues and significantly bolster their economicmillions of dollars in tax revenues and significantly bolster their economicdevelopmentdevelopment. The AIA commissioned PricewaterhouseCoopers LLP to study the relationship between building permit processes, local economic activity, and government tax revenues. The study concluded that the implementationg y pof a more responsive permit process over a five year period could result in a

16.5 percent increase in property taxes and a 5.7 percent increase in construction spending.

g y pof a more responsive permit process over a five year period could result in a

16.5 percent increase in property taxes and a 5.7 percent increase in construction spending.

g y pof a more responsive permit process over a five year period could result in a

16.5 percent increase in property taxes and a 5.7 percent 16.5 percent increase in property taxes and a 5.7 percent increase in increase in construction spending.construction spending.

“Inefficient permitting processes are equivalent to a drain on economicequivalent to a drain on economicdevelopment. Project delays lead to higher costs that either will be passed through to occupants or will discouragethrough to occupants or will discouragenew construction. Less new construction, by reducing the total supply of buildings in a community will tend to lead to highera community, will tend to lead to higherrents for everyone,” said Linden Smith, Managing Director, PricewaterhouseCoopers. “Conversely, a

Figure A. Present Value of Cash Flows: 10 Percent Rental Income

$619,036

$610,000

$620,000$630,000

Val

uep y,municipality with an efficient and predictable permitting process will attract investment by reducing the risk

$580,578

$560,000$570,000

$580,000$590,000

$600,000

Net

Pre

sent

V

B li (22 ) A l t d (19 )attract investment by reducing the riskof scheduling delays and cost overruns. All else equal, investment dollars will be d t th i i liti ”

Baseline (22 mo.) Accelerated (19 mo.)

drawn to these municipalities.”

Permit Streamlining at its best is

Good for ArchitectsGood for the EnvironmentG d f th L l d R i l EGood for the Local and Regional EconomyGood for the Community

Effective Positive Streamlining RequiresEffective, Positive Streamlining Requires

Creativity, Persistence, Communication, Insight, K l d f d l ti d t d dKnowledge of codes, regulations and standards

And

L d hiLeadership

The Permit Streamlining Landscape

Ad i i i• Administrative• RoadMap• Partnerships• Technologygy• PreQualification• ProfessionalProfessional

Certification

Getting to YES

Administrative

• E t bli h l d it M /F db k l• Establish goals and monitor progress Measurement/Feedback loop• Wait Triage: drop off; pick up• Acceptance Triage: professional plans versus first timer efforts• Over the counter review for certain project types• Field Permits for certain project types• Staff cross training • Code solutions database• Customer service facilities• Customer service facilities• Transparency• Pre Application Meetings

• Invest to save time and money later• Jim Bartl: 25% savings

Getting to YES

ranc

yan

spar

Tra

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Opportunity Area for Design Professionals

100 000

120,000

250

300

60 000

80,000

100,000

150

200

250

Permits issued46 % staff cuts

20 000

40,000

60,000

50

100

150number of FTE's

2003 2013

0

20,000

0

50

$30 00$35.00$40.00$45.00$50.00

33.5

44.5

5

Construction

$$10.00$15.00$20.00$25.00$30.00

11.5

22.5

3 Billions

DepartmentBudgetMillions

$0.00$5.00

00.5

00.00%

20.00%

Inspection PassRate overall Avg

40 00%

60.00%

80.00% OnSchedule % ontime/early

Inspectors

Visit the project

Inside the virtual BIM ModelConnecting with the 8% of customers that are not working digitally

Sharing Best PracticesContinuing working on Both Sides of the Counter

Building Development Commission

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Permit Streamling is not “One Size Fits All”

What works in New York City may not be good for Detroit or SanFrancisco

Resourceshtt // P it t li C• http://www.Permitstreamline.Com

• http://www.natlpartnerstreamline.org/

PermitStreamline.ComPermitStreamline.Com

Questions?Questions?This concludes TheThis concludes The

Questions?Questions?This concludes TheThis concludes The

American Institute of American Institute of Architects ContinuingArchitects ContinuingArchitects ContinuingArchitects Continuing

Education Systems Education Systems CourseCourseCourseCourse

Michael F. Malinowski AIA Michael F. Malinowski AIA office@appliedarts.netoffice@appliedarts.net

Wood Products Council Wood Products Council 866.966.3448866.966.3448 info@woodworks.orginfo@woodworks.org

Special Thanks !Special Thanks !• Ashley Clark

Ji B l• Jim Bartl,• Gary Lang• Michael Doyne• Mark HahnMark Hahn• Kate Sheldon

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