News & Analysis as of

Building Codes

A Primer on Florida's "25 Percent Rule" for Roof Repair/Replacement

The 2014 Florida Existing Building Code (the “Code”) contains what is conventionally called the “25 percent rule” (the “Rule”). The Rule applies to roof repair of any commercial or residential building. In a nutshell, the...more

Westhampton Beach Park Fee Upheld

by Farrell Fritz, P.C. on

My partner, Anthony Guardino, recently posted a three-part series about land use fees on this blog. This post concerns a decision by the Appellate Division upholding a $776,307 “Park Fee” imposed by the Village of Westhampton...more

Alarming Trend Continues with Weymouth Condo Fire

by Zelle LLP on

Yet another under-construction residential complex nearing completion has been ravaged by fire, this time in the South Shore community of Weymouth, Massachusetts. In the early morning hours of Sept. 14, a four-alarm fire at...more

Frick Building Accident Highlights Need for Diligent Compliance with City Code

The recent accident at the Frick Building in Pittsburgh, where a 1,400 pound piece of granite façade fell more than 21 stories and landed on the normally busy intersection of Grant St. and Forbes Ave., highlights the need for...more

How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions

It is important for design professionals to understand and consider the impact of proposed construction upon adjacent properties and the obligations project owners have to adjacent property owners. All parties should...more

Fire Protection Districts' Authority to Enforce State Fire Marshal Standards and Regulations Reiterated in California AG Opinion -...

by Best Best & Krieger LLP on

The California Attorney General has reiterated fire protection districts’ broad authority to enforce building standards and regulations disseminated by the State Fire Marshal, including for residential occupancies and...more

The Tiny House Craze: Zoning Laws Could Be a Tiny Impediment

by Miles & Stockbridge P.C. on

The “tiny house” movement is all the rage right now. The cause of the craze may be many faceted. Whether the popularity and demand is being driven by a shift in peoples’ preference to downsize to a more simplified lifestyle...more

Legal issues for those running construction businesses - (H&S, planning, employment and real estate)

by Dentons on

Welcome to our Summer 2017 round-up of issues relevant to UK construction businesses. Each of the summaries below links to a recent article from colleagues specialising in health and safety, planning, employment or real...more

Uniform Code Conflicts – Town vs. State Regulations

by Farrell Fritz, P.C. on

The New York State Uniform Fire Prevention and Building Code (“Uniform Code”) sets forth uniform building and fire prevention standards for New York State. Article 18 of the NYS Executive Law requires municipalities within...more

Building Code 2016 Security of Payment Provisions

by Dentons on

The security of payment provisions of the new Building Code 2016 (Code) introduced in December last year are emerging as an immediate concern for a fast growing number of building industry participants....more

West Coast Real Estate Update - May 2017 - #3

by Holland & Knight LLP on

L.A. to Legalize Residential Units Previously Created in Violation of Building Code - On May 10, 2017, the Los Angeles City Council unanimously approved an ordinance that would permit previously unapproved dwelling...more

Sharply Divided Supreme Court Declines to Establish a Bright-Line Rule on Non-Lawyers Representing Corporations in Administrative...

by Sedgwick LLP on

A non-lawyer with no apparent formal connection to a corporation is the sole representative of the corporation at an administrative proceeding. When the decision comes down, it’s never properly served on the corporation. Is...more

Single-User Toilet Facilities in Any Business Establishment, Place of Public Accommodation, or Government Agency Must Be...

by Allen Matkins on

Assembly Bill No. 1732 (Ting, Chapter 818, Statutes of 2016) was signed into law on September 29, 2016, and went into effect on March 1, 2017. It added Section 118600 to Chapter 5 of Part 15 of Division 104 of the Health and...more

Defence & Indemnity - February 2017: I. INSURANCE ISSUES B.

by Field Law on

B. The wording “as a result of a peril insured against” in an insurance policy will be interpreted to include damage that happens as a direct result of the insured peril (increased cost to bring a damaged building up to code)...more

The Bathroom Wars Continue: New California Single-User, Gender-Neutral Bathroom Law Takes Effect March 1, 2017

Against the backdrop of President Trump’s recent withdrawal of former President Barack Obama’s transgender bathroom guidance, a new California law governing single-user restrooms takes effect March 1, 2017....more

Dealing with Nuisance Properties: The Tools in Your Code Enforcement Tool Box

by Best Best & Krieger LLP on

A nuisance residential or commercial property creates serious problems for the surrounding community and headaches for the officials who must deal with it. If left unchecked, these blighted properties become a chronic drain...more

FEMA Requires Compliance with National Standard Building Codes for Restoration of Facilities Funded Through Public Assistance...

by Baker Donelson on

Several recent disasters will test the practical implications of a policy update released by the Federal Emergency Management Agency (FEMA) late last year. In issuing Recovery Policy FP-104-009-4, FEMA envisions that...more

Developers take note: What you need to know about proposed changes to the Environmental Planning and Assessment Act 1979

by Dentons on

After his predecessor failed to push through a whole new Planning Act in 2013, the current Planning Minister, Rob Stokes, appears to have accepted that he is stuck with the ageing Environmental Planning and Assessment Act...more

Coverage to Rebuild a Foundation to Comply with Changed Building Codes Following a Fire are Subject to Code-Upgrade Endorsement’s...

by Cozen O'Connor on

Does the efficient proximate cause rule serve to afford coverage for the additional costs to rebuild the foundation of a home in compliance with changed building code requirements beyond the sublimit of liability of an...more

Bursting at the Seams: Expanded “Purple Pipe” Requirements

Existing on-site water recycling requirements for toilets, urinals and landscaping have applied to buildings of 250,000 gross square feet or larger in the Reclaimed Water Use Map (the “Map”) area since November 2015. The Map...more

Code Orange Moving to Green: New Building Code for Construction Sector

by K&L Gates LLP on

The passing of the Registered Organisations Bill on by the Senate on Tuesday 22 November 2016 and the passage of the Building and Construction Industry (Improving Productivity) Bill (ABCC Bill) on 30 November 2016 following...more

Chesterfield’s New Proffer Policy Explained, but Questions Remain

by McGuireWoods LLP on

Chesterfield County’s new proffer policy was the center of discussion at the Nov. 16 meeting of the Home Building Association of Richmond. The county adopted the new policy following the Virginia General Assembly’s...more

New Enforcement by the Department of Buildings of Adjoining Property Notification Requirement

by Tarter Krinsky & Drogin LLP on

The New York City Department of Buildings ("DOB") made significant changes to the New York City Building Code (the "Code") in its 2014 version. One frequently overlooked new section is getting some recent attention and it is...more

Eight Ways Your Wine Business Can Avoid, Survive Unfair-Competition Actions

California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry...more

Sounding the Alarm on Code Compliance Costs

Most multifamily owners are familiar with reserve requirements for items such as fire alarms and alarm replacement. Yet those owners may be surprised to learn that complying with the latest fire code changes can jeopardize...more

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