getting to yes 2015 final - woodworks...getting to yes i codes: section 104.11 approval is required...

Getting to

Michael F. Malinowski AIA Applied Architecture Inc © Sacramento CA

Disclaimer:+This+presenta1on+was+developed+by+a+third+party+and+is+not+funded+by+WoodWorks+or+the+So=wood+Lumber+Board.!

“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.

Copyright MaterialsThis presentation is protected by US and

International Copyright laws. Reproduction, distribution, display and use of the presentation

without written permission of the speaker is prohibited.

© Michael F Malinowski 2015

•  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.

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!with!

Two!different!kinds!of!En9tlements!!

! Discretionary

Ministerial MAYBE Yes … No …

BUT YES …

Getting to YES © 2015 MFMalinowski

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

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

Getting to YES

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;

Getting to YES

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; and scripted requirements

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

Evidence to substantiate claims for equivalent protection of life safety and health

–  Accessibility AMR must meet threshold for ‘equivalent facilitation’

Getting to YES

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

Getting to YES

•  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 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) ?

Getting to YES

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

line runs through building; past changes done without permits

•  Resolving Interpretation Differences Other Options besides AMMR’s

–  Bring in a consulting Expert

–  Appeals Board

–  Negotiation

Getting to YES

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) form, steps, criteria

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

© 2015 MFMalinowski

•  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 …

•  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 such as for Podium geometry –  Horizontal exit –  Imaginary Lines –  Pedestrian Bridge –  Atriums

Getting to YES Copyright 2015 MFMalinowski

•  Find examples that have been approved •  Open book: public vs private information

•  Peers

•  Built projects

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

Getting to YES Copyright 2015 MFMalinowski

•  Start with an outline •  Applicable code sections

•  What is intent

•  How else can intent be met

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

•  Examples

100#suit# 1000#suit#

Exposed Unprotected Wood in a One Hour building

•  Type V vs IV Construction

•  Mixing construction types ?

•  Calculated fire resistance

© 2015 MFMalinowski

I Joists

I Joists

Glulam Beam

GypBd Clg

Messy Historic Building Conditions:

Windows on property line Interior Light Wells Missing Egress windows Four story open stair Wood structure over Unreinforced masonry base Seismically weak front Projections over Property Line Existing Conditions that do not meet code

© 2015 MFMalinowski

© 2015 MFMalinowski

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

Historic 6 story Classified Type 1B

New Construction Type VA Three story with mezzanines

Over Two level 1A Podium

© 2015 MFMalinowski

CLT: New Material

© 2015 MFMalinowski

© 2015 MFMalinowski

© 2015 MFMalinowski

Code References

Interpretive Manual Steve Winkel Book

HUD reference On Line Resources

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

Portland Online Library of AMMR’s Consultants

Preview Group RSWL Peers

WoodWorks.Org Team

http://www.specsandcodes.com/

jchurchill@churchilleng.com

© 2015 MFMalinowski

© 2015 MFMalinowski

Design#Professionals##typically#work#with#Two#different#kinds#of#En<tlements#!

!

Discre9onary!

Ministerial!

Permits: Entitlements

Focus!is!on!Ministerial!En9tlements!

30,000!jurisdic9ons!use!similar!building!

code;!but!vastly!different!planning!codes!

Bill!Seider!FAIA!Oregon! Thad!Kelley!AIA!Arkansas!

Permit Streamlining

its not just about speed

#

##

More#efficient#More#effec<ve#processes#

!

!

The#objec<ve##

!

Permit Streamlining

The#Benefits!Time!and!Money!

Economic!Development!S9mulus!!

Community!Benefits!

High!performance!built!environment!

Sustainability!

Energy!conserva9on!!

!

The#Economic#Impact#of#Accelera<ng#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#Communi<es!

Report+Finds+Opportuni1es+to+Increase+Development+Ac1vity+and+Local+Tax+Revenue!

Washington,#D.C.#–#January#25,#2006#–#At!the!U.S.!Conference!of!Mayors,#The!American!Ins9tute!of!Architects!(AIA)!today!released!a!report!showing!

that!communi9es!with!a!more!efficient!building!permiSng!process!can!gain!

millions!of!dollars!in!tax!revenues!and#significantly!bolster!their!economic!

development.!The!AIA!commissioned!PricewaterhouseCoopers!LLP!to!study!

the!rela9onship!between!building!permit!processes,!local!economic!ac9vity,!

and!government!tax!revenues.!!The!study!concluded!that!the!

implementa9on!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!construc9on!spending.!!!

Delays#in#Building#Permit#Approvals#Cause#Millions#in#Lost#Revenue#for#Communi<es!

Report+Finds+Opportuni1es+to+Increase+Development+Ac1vity+and+Local+Tax+Revenue!

Washington,#D.C.#–#January#25,#2006#–#At!the!U.S.!Conference!of!Mayors,#The!American!Ins9tute!of!Architects!(AIA)!today!released!a!report!showing!

that!communi9es!with!a!more!efficient!building!permiSng!process!can!gain!

millions!of!dollars!in!tax!revenues!and!significantly!bolster!their!economic!

development.!The!AIA!commissioned!PricewaterhouseCoopers!LLP!to!study!

the!rela9onship!between!building!permit!processes,!local!economic!ac9vity,!

and!government!tax!revenues.!!The!study!concluded!that!the!

implementa9on!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!construc9on!spending.!!!

Delays#in#Building#Permit#Approvals#Cause#Millions#in#Lost#Revenue#for#Communi<es!

Report+Finds+Opportuni1es+to+Increase+Development+Ac1vity+and+Local+Tax+Revenue!

Washington,#D.C.#–#January#25,#2006#–#At!the!U.S.!Conference!of!Mayors,#The!American!Ins9tute!of!Architects!(AIA)!today!released!a!report!showing!

that!communi9es!with!a!more!efficient!building!permiSng!process!can!gain!

millions!of!dollars!in!tax!revenues!and!significantly!bolster!their!economic!

development.!The!AIA!commissioned!PricewaterhouseCoopers!LLP!to!study!

the!rela9onship!between!building!permit!processes,!local!economic!ac9vity,!

and!government!tax!revenues.!!The!study!concluded!that!the!

implementa9on!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!construc9on!spending.!!!

“Inefficient#permiUng#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#construc<on.##Less#new#construc<on,#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#permiUng#process#will#aYract#investment#by#reducing#the#risk#of#scheduling#delays#and#cost#overruns.##All#else#equal,#investment#dollars#will#be#drawn#to#these#municipali<es.”#

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.)

!

Permit#Streamlining#is#not#“One#Size#Fits#All”#What#works#in#New#York#City#may#not#be#right#for#Minneapolis#or#Sacramento###

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

And

Leadership

•  Professional certification The buck stops here

•  The Huddle Permit in a day

•  On Schedule Zero bin time: schedule plan check at prelims

•  PreQualification Docs designed for fast plan review win win

•  Rolling review Plan check concurrent with CD’s

•  Over the counter Plan review while you wait

•  PreQualification Docs designed for fast plan review win win

•  Electronic plan review Paperless permit processing

•  E-Permit Web based portals for process and tracking •  Attitude Adjustment Common ground across the counter

•  Regional Processing Centralize for consistency

•  AutoCodes Automated plan review in the bim model

Getting to YES Copyright 2015 MFMalinowski

Plan Chk

CD C

D

WA

IT

WA

IT

Plan Chk

CD

Permit

“Regular” Process Example

WA

IT

WA

IT

© 2015 MFMalinowski

Plan Chk

CD C

D

Permit

“The Huddle” Process Example © 2015 MFMalinowski

Rolling Review Outline

Getting to YES Copyright 2015 MFMalinowski

Transparancy DASHBOARDS

PreQualified Architectural Submittal System

Based on Submittal Document Content and Organization

© 2015 MFMalinowski

PASS & the TSA PRECHECK Analogy •  PreCheck does NOT mean “no check”

–  It’s a privilege; and it’s voluntary –  With PreCheck you can go through either line

•  PreCheck customers have been ‘prequalified’ for an expedited treatment

–  If you bring a water bottle through it will be flagged in either line. –  If you get flagged repeatedly, you will be bumped from the PreCheck

program

©!2015!MFMalinowski!

In A Nutshell A more efficient and effective plan review process based on clear and concise standards for document content and organization. Implementation of this program requires only minor adjustments for both public and private sector in their internal processes. It is completely voluntary. How will this program save time and money? •  By creating a clear set of voluntary document standards that allow for more efficient and effective plan

review, participating jurisdictions will be able to do their jobs more efficiently, saving time and money.

Participating design professionals will have a faster and more predictable plan review experience. The Development and Construction Community will save time and money, and enjoy more consistent code interpretation and application. The Community at large will benefit from increased economic development, as it fosters new investments in the shaping of a high performance buildings and spaces that meets current energy, sustainability and design standards. The program is designed to be win – win – win.

Does this program require any changes in roles and responsibilities for either the public or private sector? •  No changes in roles and responsibilities for either public sector or private sector participants is required

to implement this program.

• 

©!2015!MFMalinowski!

How complex is the program? •  The program is intended to be based on simple minimum requirements. Design

professionals currently have a wide variety of approaches to how they prepare their documents; there will still be a wide variety of approaches for participants in the program, since complying with the minimum standards will still allow for considerable flexibility. There will for example be no requirement to adopt specific CAD standards for document sheet numbering, sheet layout, or symbols.

Will this program have any impact on the processes used by either jurisdictions or Design Professionals to protect the public health safety and welfare? •  Because the PASS program increases the effectiveness of the plan review

process by fostering more consistent, complete and and clear submittals, it will increase the protection of Public Health Safety and Welfare

• 

In A Nutshell

©!2015!MFMalinowski!

©!2015!MFMalinowski!

1. Timely 2. Efficient 3. Accurate 4. Great Customer Service

Process versus Project Principals versus People and Problems

© 2015 MFMalinowski

© 2015 MFMalinowski

©!2015!MFMalinowski!

The#Streamline#Ins<tute##A#501c3#dedicated#to#suppor<ng#more#efficient#and#effec<ve#permit#processing#!

StreamlineIns<tute.Org#Contact#Us:#admin@streamlineins<tute.org#

This concludes The American Institute of Architects Continuing

Education Systems Course

Questions?

Michael F. Malinowski AIA office@appliedarts.net

Streamline Institute: admin@StreamlineInstitute.org

Wood Products Council 866.966.3448 info@woodworks.org