Section 105 Interpretation of Code Requirements

Upon written request by a building permit applicant and/or a code enforcement official, the Secretary of State may issue an interpretation of the application of any specific requirement of this code to the proposed construction for which an application for a building permit and required plans and specifications have been filed, and concerning a disagreement between the building permit applicant and the code enforcement official as to the application of such specific requirement to the proposed construction.

A request for an interpretation shall be signed by the building permit applicant and the code enforcement official, or by one or the other, individually, and shall include the following information in order to be considered complete:

1. Name, address, and telephone number of the building permit applicant and the code enforcement official;
2. A detailed description of the proposed construction, including a copy of the building permit application and plans and specifications that have been filed by the building permit applicant with the code enforcement official, as well as any other floor plans, elevations, cross-sections, details specifications, or construction documents necessary to describe adequately the proposed construction;
3. Identification of each requirement of this code for which an interpretation is requested;
4. A concise summary of the disagreement concerning the application of each such requirement for which an interpretation is requested; and
5. A copy of the building permit application denial if one was issued by the code enforcement official.

If the request is incomplete or does not otherwise contain sufficient information necessary to issue an interpretation, the Secretary of State may request clarification of the information provided or additional information necessary to issue the requested interpretation.

Upon receipt of a complete request for an interpretation signed by only the building permit applicant or the code enforcement official, the Secretary of State shall provide written notification to the party who has not signed the request for an interpretation that such request for an interpretation has been filed with the Department of State. The party receiving such notification shall have 20 days from the date of such notification in which to provide, in writing, any comments or additional information pertaining to the request for an interpretation, provided that the Commissioner may waive this deadline when warranted by extenuating circumstances.

The Secretary of State shall either issue the interpretation or provide notification of the intent not to issue an interpretation to the building permit applicant and the code enforcement official within 45 days of any of the following:

1. Receipt of a complete request for an interpretation signed by both the building permit applicant and the code enforcement official,
2. Receipt of comments when the request for an interpretation is signed by only one party, or
3. The expiration of the 20-day comment period when the request for an interpretation is signed by only one party.

Subsequent enforcement of this code with respect to the construction project for which an interpretation has been requested shall be consistent with the interpretation issued by the Secretary of State.

In jurisdictions that have adopted local energy codes in accordance with the provisions of Article 11 of the Energy Law, local code officials are permitted to interpret provisions added by the local jurisdiction or provisions amended by the local jurisdiction to be more stringent than this code; such interpretations by local jurisdictions, however, shall not result in interpretations of this code by the Secretary of State.