Vested Rights and Code Edition at Permit Application
A local jurisdiction adopts the 2021 International Building Code effective July 1, with a 30-day grace period for complete applications filed before July 1. On June 28, an applicant submits plans for a 12-unit townhouse project. The submittal includes architectural drawings but omits structural calculations and the energy compliance report. The building official's intake staff date-stamps the package and opens a permit file. On July 15, the applicant submits the missing calculations. The 2021 code requires sprinklers in townhouses and a second exit for certain configurations; the 2018 code did not. The applicant argues that the June 28 date vests the project under the 2018 code. The building official must determine which code edition applies, whether the application was complete, and how the grace period interacts with the missing documents. The local ordinance says a complete application is one that contains all information required by the building official.
1. Which code edition applies? Explain the vesting analysis.
Read the worked answer
The key is whether the June 28 application was complete under the local ordinance. The ordinance defines a complete application as one containing all information required by the building official, and the submittal omitted structural calculations and energy compliance, which are required for a townhouse permit. Therefore, the application was likely incomplete on June 28. If the missing information was essential to review, the application did not vest under the 2018 code. The 30-day grace period applies only to complete applications filed before July 1. When the applicant submitted the missing calculations on July 15, the application became complete after the effective date, so the 2021 code would apply unless the building official's written policy treats the date-stamp as vesting. The building official should check the exact ordinance language and any written policy, then issue a written determination.
2. What if the applicant had submitted all documents on June 28?
Read the worked answer
If the application was complete on June 28, the grace period would likely vest the project under the 2018 code for the permit application, provided the applicant proceeds diligently and the ordinance does not limit vesting to a shorter period. The building official should document the completeness determination at intake and apply the 2018 code consistently. However, vesting does not excuse compliance with later-enacted life-safety requirements if the ordinance says otherwise. The building official should not retroactively apply the 2021 code to a complete pre-effective-date application.
3. How should the building official handle the applicant's claim?
Read the worked answer
Issue a written plan review comment or determination that explains the completeness rule, cites the local ordinance and the grace period, and identifies the specific missing documents. Give the applicant an opportunity to respond and to request administrative review or appeal. If the building official concludes the 2021 code applies, the applicant must revise the plans to include sprinklers and comply with the new exit requirements. If the building official concludes the 2018 code applies, document the basis. In either case, avoid informal oral advice; the record should be clear because the cost difference is significant.