11. What Design Documents and Inspection Requirements are Needed?

ANSWER: HB 1848 enacts design document and inspection requirements for certain condominiums that had permits or Public Offering Statements issues after August 1, 2005.

A. Applicability.
1. Permits issued after August 1, 2005.
2. Multiunit Residential Buildings that
• Have adjacent heated living spaces
• More than two units (Duplexes are excluded, even if they are condominiums)
• Not on a platted lot
3. Developer can opt out by recording a covenant not to sell the building as a condominium for five years.
4. Condominium converters where the cost of repair is more than 5% of the assessed value of the building. Note: If the repair cost is less than 5%, the person applying for the permit shall submit to the building department a letter certifying that the costs of repair are less than 5% the assessed value of the building. In this situation, no building design documents are needed.
B. Design Documentation.
1. Waterproofing Details. “Building Enclosure Design Documents” must show how to “waterproof, weatherproof, and otherwise protect the building or its components from water or moisture intrusion, including details of flashing, intersections at roof, eaves or parapets, means of drainage, water resistive membrane, and details around openings.”
2. Drawings Stamped and Certified. The Building Enclosure Design Documents must be stamped by the architect or engineer with the following certification: “The undersigned has provided building enclosure design documents that in my professional judgment are appropriate to satisfy the requirements of [the act].”
3. Submission to Building Department. The Building Department merely checks that the documents are stamped and the certification is present before issuing the permit. It does not determine the adequacy of the drawings. Any changes must also be stamped, certified, and delivered to the Building Department.
C. Course of Construction Inspection.
1. Inspection and Testing. A qualified and independent building inspector must inspect the construction to ensure that the construction complies with the Building Enclosure Design documents.
2. Window Testing Required. Water penetration resistance testing of windows and window installations (spraying water on window installations to see if it leaks) is required.
3. Certificate of Compliance. The building inspector must issue a certificate stating that the building has been constructed in “substantial compliance” with the Building Enclosure Design Documents before the Building Department will issue a certificate of occupancy. The Act does not address the situation where a certificate of occupancy is not needed.

PRACTICE TIP: Even if a certificate of occupancy is not required, to be safe, insist on getting a certificate of substantial compliance from the building inspector.