Part 1 Scope and Application
The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the Puerto Rico Residential Code.
Part 2 Administration and Enforcement
[A] 104.2.1 Determination of Substantially Improved or Substantially Damaged Existing Buildings and Structures in Flood Hazard Areas
- A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.
- A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
- A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
- A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
- Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the works detailed in Rule 3.2.4 of the Joint Regulation.
- Identify and describe the work to be covered by the permit for which application is made.
- Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
- Indicate the use and occupancy for which the proposed work is intended.
- Be accompanied by construction documents and other information as required in Section 107.
- State the valuation of the proposed work.
- Be signed by the applicant, or the applicant's authorized agent.
- Give such other data and information as required by the building official.
Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in digital form with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of Puerto Rico in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code, as established by the Joint Regulation.
The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used.
Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.
Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.
A building or structure shall not be used or occupied, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the OGPe-DDEC and the Puerto Rico Planning Board, the building official shall issue a certificate of occupancy that contains the following:
- The permit number.
- The address of the structure.
- The name and address of the owner or the owner's authorized agent.
- A description of that portion of the structure for which the certificate is issued.
- A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
- The name of the building official.
- The edition of the code under which the permit was issued.
- The use and occupancy, in accordance with the provisions of Chapter 3.
- The type of construction as defined in Chapter 6.
- The design occupant load.
- Any special stipulations and conditions of the permit.
The administrative judge may also require an interpretation from the board when a revision is requested where the application of the required code is in question.