[phospher]

Does state building code over ride village/city/county building codes? The state of Wisconsin allows for a home owner to pull an electric permit if he's doing the work but the village that I live in requires a certified electrician and he also has to be licensed by the village. Also, can a inspector just walk in your house without permission? Today I was having drywall delivered and the inspector walked right into my house into the basement without even my consent/permission.

The inspector was actually nice and just wants me to get the permits required. He just said not to put the drywall up. I can pull the building and plumbing permits but the home owner can't pull the electric permit. I also called a bunch of electric companies and they won't pull a permit for me either so WTF am I suppose to do? One of the companies told me that no matter what the village says state law allows me to pull a permit.

Any suggestions welcomed.

 

[Scuba_Dave]

Local laws as I understand it can be more restrictive
I'm not sure about licensed by the Village, that sounds like bunk

It's alos my understanding a Building Inspector does have the right to enter the premises. Especially under the circumstances you stated

If the HO can't pull a permit then you need to hire an electrician to do the work

 

[phospher]

but all the electricians i've spoken to are not willing to pull a permit for the work they did not do.

and i must say that is absolute BS that a inspector can enter my house without permission. not even a cop can do that.

 

[Scuba_Dave]

but all the electricians i've spoken to are not willing to pull a permit for the work they did not do.

and i must say that is absolute BS that a inspector can enter my house without permission. not even a cop can do that.

Actually a cop can enter your house given reasonable cause
The building materials gave the Inspector reasonable cause

No, electricians usually will not pull a permit for work that they did not do. You would need to hire one to review your work, correct anything not to code. And many won't touch work that has already been started. As they are liable if anything goes wrong
If they can see all the wiring & verify it then you may be able to hire one. But it will probably cost you more then if you had hired an electrician in the 1st place

 

[phospher]

i think you are wrong. police can only enter with a warrant or if an emergency situation exists better known as exigent circumstance.

http://en.wikipedia.org/wiki/Exigent_circumstance

 

[jomama45]

State code is the minimum, & many muni's around here add aditional requirements above & beyond that. IMO, that's usually not a bad thing as long as there is consistency. I think your actually lucky if your in Milwaukee or the Northern suburbs, as they can fine you for double permit fees, & they aren't always the most rational to deal with when they catch you red-handed. I'm no electrician, but if I was & didn't know you or your capabilities & experience, I wouldn't sign off either & put my reputation with the inspect. dept., not to mention my license & liability at risk.

Hopefully it all works out for you. :thumbsup:

 

[phospher]

right, i understand the whole reputation on the line thing but all he would have to do is sign off and take a glance at it. it actually was done by a licensed electrician, just not licensed in this state. he's licensed in illinois. BUT since he is my friend he did it for next to nothing. if i would have went the legal route it would have cost me A LOT more.

 

[Caddyshack]

Yes the city/village can be more restrictive.

An inspector can enter a jobsite at anytime...within reason. Since your home is a jobsite, then he has the right to be there...it's his job.

 

[Termite]

International Residential Code, Section R104.6, Right of entry:
Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or on the premesis a condition which is contrary to or in violation of this code which makes the structure unsafe, dangerous or hazardous, the building official or designee is authorized to enter the structure at reasonable times to to inspect or perform the duties imposed by this code, provided that if such structure is occupied that credentials be presented to the occupant and entry requested. If such structure or premesis be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having control of the structure or premesis and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

The inspector is well within his rights to enter the home, but he does have to have your permission or a warrant to actually enter. If a permit were in place he can enter anytime for inspections.

If I'm denied entry to a home that obviously has an unpermitted project going on, I assure you I'm getting a warrant if entry is refused and I'll throw the entire code book at you when I do get in.

No electrician in his right mind will put his name on your work. It would be bad business and a liability for them.

State codes and ordinances may apply, but local codes and ordinances are 100% enforceable.

 

[phospher]

based on International Residential Code, Section R104.6, Right of entry:

based on this the building inspector clearly broke the law. he never asked or had permission.

 

[Termite]

You mean like you did?

That's like the cop breaking the speed limit to catch you when you're running 100mph.

Sounds to me like you're just PO'd that you got caught.

 

[jomama45]

Phosper, a local building inspector taught me a very important leason years ago, "Choose your battles wisely." The inspector seems to be rational with you so far, I would just work with him unless you have alot of money to waste. Building inspectors can be a real pain sometimes, but as a conrtactor, I'd rather do work with them than work in an area that doesn't have inspections.

Again, good luck with this.

 

[Willie T]

They say a word to the wise is sufficient. May I suggest relocating your head to where you can see daylight, and thank your lucky stars that you are not already paying double fees and fines.

You tried to slide one by. You got caught. Man up, and get every last thought of retaliation against a city official doing his job clear out of your mind. You can't imagine the furies that your stubborn pride can unleash upon your own head.

I'd rather sandpaper a wildcat's arse than deliberately piss-off a Building Inspector.

 

[phospher]

thekctermite,

ever hear the saying two wrongs don't make a right? regardless if i was breaking the law or not he still has no right to invade my privacy. all he had to do was simply ask to enter.

jomama45,

he is working with me and i just got the building and plumbing permits with no fines attached but i'm still pissed that he entered my house without my permission or without a warrant. if they can do that what's next?

 

[phospher]

They say a word to the wise is sufficient. May I suggest relocating your head to where you can see daylight, and thank your lucky stars that you are not already paying double fees and fines.

You tried to slide one by. You got caught. Man up, and get every last thought of retaliation against a city official doing his job clear out of your mind. You can't imagine the furies that your stubborn pride can unleash upon your own head.

I'd rather sandpaper a wildcat's arse than deliberately piss-off a Building Inspector.

lol, if people don't speak up against this **** it just keeps hapenning and keeps getting worse. i already need two permits for electric work, everything you do is a base permit fee plus they itemize every single thing e.g., outlets, fixtures, recessed lights everthing.... they get away with this **** because no one calls them out on it. how about a single permit with a single fee that a homeowner doing the work himself can pull? not around here they have you by the balls. by making this process so difficult and expensive they are just driving more people underground as they continue to try and line their pockets. after my basement is done i'll never have to deal with the permitting process again so why should i let them get away with this?

 

[md2lgyk]

i think you are wrong. police can only enter with a warrant or if an emergency situation exists better known as exigent circumstance.

http://en.wikipedia.org/wiki/Exigent_circumstance

I used to be a police officer. This is exactly correct.

 

[Termite]

By the way Phospher, you're welcome. Letting you know exactly what the code says was no problem at all.

 

[phospher]

By the way Phospher, you're welcome. Letting you know exactly what the code says was no problem at all.

thekctermite,

thank you. i do appreciate it.

the inspector told me that if I can find in the NEC or the Wisconsin Electric Code where it says that homeowners can pull their own electric permits he will allow me to do so. he is under the impression that this is left up to the cities/towns/villages to decide. i have spoken to several electric companies that told me state law allows home owners to pull their own electric permit as long as they live in the residence and are doing the work them selves.

 

[Caddyshack]

i have spoken to several electric companies that told me state law allows home owners to pull their own electric permit as long as they live in the residence and are doing the work them selves.

local requirements will override the NEC.

Check with your local office.

 

[Termite]

Local rules to overrule anything that the NEC says...If adopted as ordinance. I'd go to city hall and ask to review a copy of their ordinance where they adopted the NEC and other applicable building codes. If they have specific language in that ordinance that would require you to hire an electrician then you're screwed. If not, I'd say the burden's on them to provide you with written adopted law in their city that prohibits you from DIY electrical, and I would make that request in writing to them.

State law won't override local codes adoption and the language therein, so don't spin your wheels on that.

The City cannot arbitrarily make up enforcement rules, so make sure that's not happening by looking at the ordinances. The code gives the building official the right to enforce the code as he sees fit, but he can't just make up policies about who does the work without a vote by the governing body (council, etc).