13nc07 malinowski - getting to yes wsf 150127 f. malinowski aia applied architecture inc

Getting to

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

Getting to YES

“The Wood Products Council” is a Registered Provider with The American Institute of Architects Continuing Education Systems (AIA/CES), Provider #G516. Credit(s) earned on completion of this course will be reported to AIA CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.

•  This course is registered with AIA CES for continuing professional 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 of handling, using, distributing, or dealing in any material or product.

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

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.

This session will cover principles and strategy for effective navigation of the building permit process when materials or designs don’t comfortably fit with conventional code application, as well as the use of permit streamlining for more effective and efficient processing. Alternate Materials and Means Requests (AMMR) can be used for various reasons including: use of innovative products and systems, new design concepts, complex geometries, code conundrums, political problem solving and the resolution of interpretation differences. Successful project examples will be used to demonstrate how to approach the AMMR process and demystify the concept of an alternate design. In addition, the landscape of permit streamlining concepts will be outlined, with a focus on streamlining approaches that can engage design professionals on the ‘public’ side of the counter in a project's ultimate success.

Design'Professionals''typically'work'with'Two'different'kinds'of'En9tlements'''

Discretionary

Ministerial

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MAYBE

YES ….

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BUT

Yes … No …

! Building versus Planning

Design'Professionals''typically'work'with'Two'different'kinds'of'En9tlements'''

Discretionary Ministerial

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Ministerial Code Can’t Cover Everything so sometimes …

a MAYBE enters the picture

Performance Code Provision within our typical Prescriptive Code Framework

The ability to consider Alternate Materials, Design, and Methods of Construction

Alternate A Materials M Methods M Request R

Getting to YES

a MAYBE enters the picture

Performance Code Provision within our typical Prescriptive Code Framework

The ability to consider Alternate Materials, Design, and Methods of Construction

Alternate A Materials M Methods M Request R

Chapter 1 – Scope and Administration Section 104: Duties and Powers of Building Official

104.11 : Alternate materials,design and methods of construction and equipment

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Getting to YES

I Codes: Section 104.11

Approval is required

Approval must be based on

Satisfactory Compliance with intent of code Alternate is AT LEAST the equivalent in quality, strength, effectiveness, fire resistance, durability and safety. Fire resistance defined > chap 2 > 702.1 : “that property of materials or their assemblies that prevents or retards the passage of excessive heat, hot gases or flames under conditions of use” In commentary: fire resistance is evaluated by testing in accordance with ASTM E119 Interpretive manual: Building official is expected to use sound technical judgement

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104.11.1 Supporting data where necessary … shall consist of valid research reports from approved sources (reliability and accuracy) 104.11.2 Tests: Bldg official can require tests, by an approved agency; reports retained in the public records Approvals cannot WAIVE code requirements

Burden of proof lies with applicant Data is required: referenced standards, calculations, research reports;

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Alternate Means restriction might also be in other places in 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).

–  PEX / Aquatherm examples: must be requested by each applicant

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When 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)

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•  Conundrums: 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 potential paths for resolving such conundrums •  Existing building code provisions (Chapter 34)

•  2012 International Existing Building Code

•  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) ?

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•  Solving ‘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 Differences Other Options besides AMMR’s

–  Bring in a consulting Expert

–  Appeals Board

–  Negotiation

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When an AMMR may not help

•  Solving budget problems

–  Cost can’t be a basis for alternative; code official’s mandate is to protect the public

•  Solving time problems

–  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 factor

–  Example: SOVENT plumbing system, and union financed study

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

–  Some things should just plain not be built!

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

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

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•  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).

•  Conservative. •  Documents. •  Testing. •  Adopted standards. •  Innovation not part of the mix; or happy client …

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•  Find a foundation in the adopted code •  Interpretive manual

•  Published reports : Code Corner for example

•  Find similar situations in the code: windows in fire resistive elements: how are they addressed?

•  Code ‘tricks’

– Special Provisions – Horizontal exit –  Imaginary Lines

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•  Find examples that have been approved

• Open book: public vs private information

• Peers

• Built projects

• Experts: Has it been done before in some fashion?

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•  Start with an outline •  Applicable code sections

•  What is intent

•  How else can intent be met

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

•  Examples

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– Exposed Unprotected Wood in a One Hour building

•  KISS principal •  Type V vs IV Construction

•  Mixing construction types ?

•  Calculated fire resistance

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Getting to YES

I Joists

•  Windows on property line

•  Interior Light Wells •  Missing Egress windows

•  Four story open stair

•  Unreinforced masonry and weak front •  Projections over Property Line

•  Existing Conditions that do not meet code

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Messy Historic Building Conditions:

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

Historic 6 story Classified as Type 1B

New Construction Type VA Three story with mezzanines Over Two level 1A Podium

47

Historic 6 story Classified Type 1B

New Construction Type VA Three story with mezzanines

Over Two level 1A Podium

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Code References Interpretive Manual Steve Winkel Book

HUD reference On Line Resources

Ara Sargasian Spreadsheet tool (now Woodworks.org) Ara4help Code Corner

Consultants Preview Group RSWL AON Peers

WoodWorks.Org Team

http://www.specsandcodes.com/

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[email protected]

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Christoper E. Chwedyk, AIA Director “The Code Group” Chicago Il 60602 [email protected]

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Getting to YES

The Permit Streamlining objective

its not just about speed

More efficient

More effective processes

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The Benefits 1. Time and Money

2. Community Economic Development Stimulus

3. Community Environmental Benefits

High performance built environment

Sustainability Energy conservation

The Economic Impact of Accelerating Permit Processes

on Local Development and Government Revenues

National Economic Consulting

December 7, 2005

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, 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

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 of 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.











“Inefficient permitting processes are equivalent to a drain on economic development. Project delays lead to higher costs that either will be passed through to occupants or will discourage new construction. Less new construction, by reducing the total supply of buildings in a community, will tend to lead to higher rents for everyone,” said Linden Smith, Managing Director, PricewaterhouseCoopers. “Conversely, a municipality with an efficient and predictable permitting process will attract investment by reducing the risk of scheduling delays and cost overruns. All else equal, investment dollars will be drawn to these municipalities.”

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

$580,578

$619,036

$560,000

$570,000

$580,000

$590,000

$600,000

$610,000

$620,000

$630,000

Net

Pre

sent

Val

ue

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

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Effective, Positive Streamlining Requires Creativity, Persistence, Communication, Insight, Knowledge of codes, regulations and standards

And

Leadership

Permit Streamlining at its best is

What would High Performance Permit Processing Look Like?

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1. Customer Orientation 2. Shared Investment 3. Transparent 4. Collaborative 5. Forward Thinking 6. Consistent 7. Big Picture

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Getting to YES

Customer Orientation 1.  Getting past the ‘counter’ as a

dividing line

2.  Act as if Choice is part of the equation

3.  Respect and courtesy

4.  All customers are important … but not all customers are the same

Shared Investment •  ‘Skin in the Game” •  Willingness to invest time to save time •  Avoiding the “Full Cost Recovery Model”

Transparent •  What’s going on? Timelines thru each handoff/stop;

bottlenecks; history •  Records on line

–  Permits –  Inspections –  Planning

•  applications •  advance planning

–  AMMRs –  Forms, policies, interpretations on line –  FAQ’s; common issues; road maps –  People –  Contractors: who are they, how they got selected, how their work is evaluated

•  Variety of channels to engage and communicate

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Collaborative •  With customers, stakeholders

–  Design professionals, developers, contractors, community at large

•  With other jurisdictions –  Information, policies, handouts, and open to more

•  With Economic development •  With ‘contract partners’ : maintaining the

balance –  Checkers, Expediters, process managers, etc

Forward thinking

•  Invest in training •  Innovate, look outside the box •  Support open communication and positive

culture •  Invest in Technology •  Engage in Code development and

interpretation

Consistent •  Internal consistency:

between plan check and field inspection

•  Regional consistency: leadership in KISS: Keeping it as Simple as Possible

•  National consistency: Using Model Codes

Big Picture •  Awareness of the affects

of process on the community as a whole

•  Keep Moving forward •  It’s a journey, not a

destination •  Constant Progress •  Evolution and Development

of Best Practices

•  Tough to meet and discuss code issues •  Specific to project •  General: common interest in the process

•  Black box internal processes: who’s on first? Who’s got the ball?

•  Silence: no ongoing dialogue: issues, concerns, ideas

•  Programs appear without input

•  Disconnect between time, money

and economic impacts

The Landscape of Permit Streamlining

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The Permit Streamlining Landscape

•  Administrative •  RoadMap •  Partnerships •  Technology •  PreQualification •  Professional

Certification

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Administrative

•  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 •  Transparency •  Pre Application Meetings

•  Invest to save time and money later

25%

Consider the Permit Process a Design Problem

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Biggest Factor: Communication Starting simple Going big

Process versus Project orientation

Avoiding the anecdotes Avoid “We / They” Sharing risk and reward

Examples Individual

Leading by example: ‘one offs’ that become ‘templates for progress’

Teamwork

Best practices

Pick the path

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Road Mapping

•  Concurrent Processing •  Rolling Review: starting plan check with an incomplete submittal •  How many review cycles is ‘normal’ One? Two? Five? •  Pre-approved templates

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Rolling Review Outline

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PreQualification and Professional Certification

•  Experienced design professional: acknowledge the difference •  Project type preferences: Green/Solar; infill target sites; development

preference corridors •  Adopt Document Standards

Florida Example Training: win-win-win opportunities

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Partnerships

•  Contract plan review

–  Consultant: outside resources

–  Staff overtime

–  Peer review

•  Regional resource sharing

•  Development Oversight Commission

–  Private sector perspectives about Time and Money •  Code Conversations

–  Connecting plan preparers and plan reviewers

Resources

• http://www.Permitstreamline.Com

• http://www.natlpartnerstreamline.org/

PermitStreamline.Com

Michael F. Malinowski AIA

Applied Architecture Inc

[email protected]

This concludes The American Institute of Architects Continuing Education Systems Course

This presentation was developed by a third party and is not funded by WoodWorks or the softwood lumber check-off.

Special Thanks to Walter Street AIA

Christopher E. Chwedyk AIA