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Demystifying the Construction General Permit

Wednesday, April 25th, 2012

Of all permits needed prior to construction, the construction general permit is arguably the one that inspires the greatest anxiety and sense of foreboding. Centered on storm water discharges related to construction activities, the permit is under purview of the EPA—an agency that doesn’t mess around with its enforcement and penalties.

 

Storm water discharges originating from construction—resulting from grading, excavation, stockpiling, and the like—that disturb the environment on one or more acres that are part of a larger common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) storm water program. Before discharging, construction operators must first obtain coverage under an NPDES permit.

 

Some in the construction industry view a construction general permit as a draconian measure, but it is an important safeguard to protect the environment. The main compliance issue inherent to a construction general permit centers on effluent limits and related permit requirements. Contractors seeking coverage under the EPA’s construction general permit requirements must submit a Notice of Intent (NOI) that certifies they have not only met the permit’s eligibility conditions but intend to adhere to established effluent limits and other requirements. In seeking a permit, operators are required to use the EPA’s electronic NOI system.

 

In March, the EPA hosted two webinars designed to provide members of the public an overview of the revamped construction general permit updated for 2012 that included a Q&A session to ask questions of EPA officials. If you missed it, it’s available for download at the EPA website.

 

Not to add to the pressure, but there are also a series of deadlines associated for submitting a NOI and dates of permit coverage. For a new project, for example, the deadline to submit is at least 14 days prior to the beginning of construction. The accompanying date of permit coverage is 14 calendar days after the EPA has acknowledged receipt of a NOI. This assumes, however, that the EPA has not notified that an authorization has been delayed or denied. The same deadline timelines exist for a new operator of a new or existing project. For an existing project (defined as one that began before Feb. 16, 2012), the deadline to submit is no later than May 16. There’s also a deadline related to emergency-related projects, required no later than 30 days after construction start. For such projects, permit coverage is offered provisionally on an immediate basis.

 

In seeking information related to a construction general permit, a visit to the EPA website is highly advisable. Contractors can reach the site at www.epa.gov/npdes/stormwater/cgpnoisearch.

 

A plethora of information on the construction general permit can be found at the website, including information on states, Indian country, and territories where such requirements apply. Also, you can find a primer on the type of operator that would need such coverage. Storm water pollution prevention plans and other helpful resources are also available, as well as a review on the Endangered Species Act. There’s even a nifty portion designed to help find a construction site’s latitude and longitude coordinates.

 

To be sure, dealing with federal agencies can be somewhat anxiety-inducing. However, at Burnham Nationwide, a seasoned array of professionals are well accustomed to dealing with regulators at the highest levels and are happy to help you navigate these regulatory waters. Our professionals are not only conversant in the nomenclature of the federal government, but are familiar to regulators given their many encounters on behalf of our clients. We would be happy to lend that expertise toward the end of achieving a comfort level in obtaining a construction general permit for your next project. Burnham can be reached toll-free at 800-407-7990. For those of you engaged in social media, we can be reached via Facebook as well. Once you find our page, we’re hopeful you’ll hit the “like” button.

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>Burham and the Wild-West Lindsey Fleener’s Story

Wednesday, March 28th, 2012

“In 2004, I was working for a company that specialized in cell phone tower site acquisitions throughout the Chicago Metropolitan area. A key component of the site acquisition work was permitting and I served as the company’s in-house permit and zoning expeditor. While in that role, I would often observe Burnham employees at city hall wearing their impressive uniforms.

Shortly thereafter Carson approached my company in an effort to convince them to utilize Burnham’s services, as opposed to performing the work in-house. I was impressed by Burnham’s services as well as Carson’s enthusiasm and drive.

At the same time I was planning a move to Denver,Colorado. I reached out to Burnham to inquire about opportunities in their Denver office. During that meeting Carson informed me that – while Burnham did conduct business nationwide – they did not possess a physical office in Denver. 

In that moment, a light bulb went off in both of our heads simultaneously. Later, I helped launch Burnham’s Denver office and proudly became a Burnham colleague.

Several years later, the Burnham Denver office has made its presence felt in Denver and throughout the west, having expedited permitting for hundreds of clients along the Rocky Mountain Front Range and from Arizona to Nevada.”- Lindsey Fleener, Burnham -Denver

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How Zoning Variances Can Make that Dream a Reality

Tuesday, December 6th, 2011

Certain zoning laws can make some projects seem absolutely impossible. However, there are ways to get around these laws. To help some developers achieve their dreams and make their projects a reality, Burnham has a team of professionals who can help guide them through the steps of getting the necessary zoning variances.

 

Getting variances approved is primarily an administrative feat. Essentially, the person applying for the variance needs to understand the current codes and regulations. Then, they must draft a proposal that shows why they deserve an exemption from these codes and regulations.  Typically, they must show that their project faces undue hardship if it was forced to comply with the zoning laws that they wish to circumnavigate. They will present their proposal to the proper boards, and then, depending upon municipal laws, they may have to take additional steps while they wait for approval.

 

If your project needs zoning variances, you may be surprised at how difficult this task can be. The team at Burnham has a deep understanding of how the zoning laws work in most areas of the country. In addition, their vast experience allows them to understand the best ways to apply for a variance. When applying for a variance, the burden of proof is typically placed on the applicant, and Burnham can show your project leader how to artfully meet this burden. They work closely with architects, planners, and engineers to put together the necessary testimony when applying for a variance.

 

Regardless of where you are applying for the zoning variance, you can expect the process to look similar to the one outlined here. Typically, you will have to present an application to the local zoning board as your first step. In most cities, this board has the power to give exemptions to the current zoning laws. These exemptions are usually only granted in cases where following the law will cause hardship to the building’s owner.

 

However, even when a hardship has been established, the zoning variances may not be granted immediately. The applicant must continue the process, and he or she must also indicate that their project will not infringe upon the rights of their neighbors. The burden of proof will address the project’s potential benefit to the community, any negative aspects of the project, as well as other factors.   .

 

In addition, the project manager must take steps to notify the neighbors about the possible zoning variance. They must notify all of the neighbors who live within two hundred feet of the property. The notifications must be delivered by hand or via certified mail. In addition, they must publish their plans in a local newspaper. The neighbors must also be given the chance to present their feelings or responses at a public meeting.

 

The formal meeting will typically be in front of the zoning board. Project managers must present their own applications or they can have a professional, such as the ones from Burnham, represent them. Most corporations must be represented by a lawyer at their zoning board meeting. Once the variance has been approved, the project can finally be started. This process can be extremely time consuming and arduous. Even the smallest mistake in the application can cause major time delays. For this reason and many others, it is important to use the help of a professional when applying for variances.

 

There are many reasons that a project may wish to apply for a variance. They may wish to have an exemption regarding the height or size of their building. They may wish to have a building that is closer to other buildings. This is especially relevant when the building will be located on a small lot size that makes building the structure to certain codes virtually impossible. In cases like these, the developer may also need to ask for a variance regarding the percentage of land that is allowed to have a structure on it.

 

Other variances may address how the building will be used. These non-conforming variances may deal with a certain characteristic of the structure, or they may deal with the nature of the building itself. For instance, if a developer wants to locate a factory in a residential zone, he or she may have to apply for a variance. They may have to prove that the structure will benefit the community. For instance, they can present arguments about creating local jobs. Another example of a non-conforming structure would be if a developer wanted to build a two-story building in a one-story zone. Even the number of parking spaces may require a developer to apply for a variance.

 

Making your dream project into a reality is not impossible. In fact, the point of zoning variances is to help developers complete a project in spite of the hardships presented by local ordinances. However, the process is not easy or simple. Working with a professional who is skilled in navigating the system is your best hope for turning your vision into a reality.

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The LEED Certification Process – Part 1: Requirements

Thursday, October 6th, 2011

There are many benefits to making your next project green. One of the easiest identifiable benefits is getting tax benefits and credits through the LEED certification process. In addition, you may also make your building run more efficiently and have a higher resale value. It is not always easy to identify what the LEED certification requirements are. In order to assist you, we have compiled a look at these requirements in this article. To further assist you in your efforts, we have a team of LEED trained professional consultants who can help you along every step of the way. First, this article will look at the different aspects of LEED certification. Then, it will include a brief analysis of how meeting these requirements can save you money. 

 

There are many different categories in which a project can earn LEED certification. These include the following: newly constructed buildings, the core and shell of buildings, schools, newly constructed or renovated retail locations, and newly constructed or renovated healthcare buildings. Each of these six categories has different certification requirements. In order to gain certification in any one category, you will need to satisfy the requirements of that category. Some of the requirements overlap. For instance, you can use solar energy in any of these categories. However, some of the requirements are unique to a particular category. In the school category, you can earn points by buying and using furniture that is non-toxic and safe for school children to sit in all day.

 

There are also ways that you can satisfy LEED certification requirements for your building’s interior design. Part of the certification process addresses the green design and construction of a building’s interiors. In this large category, there are two subsets, and they are devoted to commercial interiors and retail commercial interiors. There is also a certification for the operation and maintenance of existing buildings. This certification requires your project to address everything from the types of cleaning solvents that it uses to the way it addresses whether or not idle machinery stays switched on. You can also earn credits for helping to develop your neighborhood from a green standpoint. Even residential properties can earn LEED credits.

 

In every LEED certification process, there are six categories in which a project can gain points. These categories look at the following aspects: the sustainability of the site, the efficiency of the water usage on the site, the total energy use in the project and its effect on the atmosphere in the area, the usage of green materials, and the environmental quality of the air at the site. Projects can earn a total of 100 points. In addition, they can earn six bonus points for being innovative and four bonus points for being a priority in their region. If they earn a minimum level of 40 to 49 points, they receive basic certification. In the next level, they must earn 50 to 59 points for a silver rating. If they earn 60 to 79 points, they will get a gold ranking, and if they earn over 80 points, they will receive a platinum ranking. Residential properties are ranked on a different scale.

 

However, even with this information at hand, it can be difficult to assess the value of the various requirements. For the purposes of this article, we can show you a few examples of how projects have saved money. If you would like to estimate how much a particular green building technology would save you, you should speak with one of our green consultants.

 

Recent studies indicate that the efficiency of LEED buildings is good enough to cover the costs of implementing those building methods. For instance, one contractor has suggested that if a building’s energy usages are reduced by 20 percent, it can save the building’s owner about 36 cents per square foot every year. In a 100,000 square foot building, that represents a savings of approximately $36,000 per year.

 

Some LEED requirements help businesses save money by the way that these green efforts affect the people who work in these buildings. When buildings have a less toxic interior, the personnel in those buildings are more productive and sick less often. In the United States, it is estimated that the labor costs of the average business are approximately $150 per square foot per year. If a cleaner indoor environment improves worker productivity by one percent, it will save the business about $1.30 per square foot per year. In a 100,000 square foot building, that equates to a yearly savings of about $130,000 per year. Ideally, indoor environmental efforts will equate to more than a one percent increase in productivity and will save the business owner more money.

 

These are only two examples of how the LEED certification process can save you money. For more information on certification requirements and how they can benefit you, we at Burnham Nationwide would love to speak with you. We can guide you to the answers about how to save money while helping the environment.

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How Do Green Construction Materials Really Work?

Monday, August 22nd, 2011

So many green construction materials are coming into the market, but how do they really work? Understanding how certain products are beneficial and under what circumstances can provide the best energy savings, are important factors when considering their use. Here, we will take a quick look at three types of products that are playing important roles as green building products, including aerogels, OLEDs, and self-cleaning cement.

 

  • Aerogels can seem misleading in the fact that they are not really gels, but instead are rigid, dry materials. They earn their name by being derived from gels and although prone to shattering, aerogels are very strong structurally. They have impressive load bearing abilities and are good thermal insulators because they almost nullify the three methods of heat transfer: convection, conduction, and radiation. Currently, use as insulators is the most common application in the residential and commercial settings. They are good conductive insulators because they are composed almost entirely from a gas, and gases are very poor heat conductors. They are good convective inhibitors because air cannot circulate through the lattice. Commercially, aerogels have been used in granular form to add insulation to skylights. Transparent silica aerogel is very suitable as a thermal insulation material for windows, significantly limiting thermal losses in buildings. The first residential use of aerogel as an insulator is in the Georgia Institute of Technology’s Solar Decathlon House where it is used as an insulator in the semi-transparent roof.

 

  • An organic light emitting diode (OLED) is a light-emitting diode (LED) in which the emissive electroluminescent layer is a film of organic compounds that emits light in response to an electric current. OLEDs are commonly used in television screens, computer monitors, mobile phones and PDAs, and watches. OLEDs are also used in light sources for space illumination and in large-area light-emitting elements. OLEDs can provide brighter, crisper displays on electronic devices and use less power than conventional LEDs or liquid crystal displays (LCDs) used today.

 

  • New technology has led to much research and implementation of a white cement that can breakdown various types of pollution, but how does it work? Strong sunlight or ultraviolet light decomposes many organic materials in a slow, natural process. An example of this is how the interior of a car fades overtime if it is not shielded from direct sunlight. Photocatalysts accelerate this process and, like other types of catalysts, stimulate a chemical transformation without being consumed or worn out by the reaction. When used on or in a concrete structure, photocatalysts decompose organic materials such as dirt, soot, grime, oil and particulates, mold, algae, bacteria and allergens, and various other airborne pollutants. The catalyzed compounds break down into oxygen, carbon dioxide, water, sulfate, nitrate and other molecules that are either beneficial to or, at worst, have a relatively benign impact on the environment. Most inorganic pollutants and stains, including rust, are not catalyzed.

 

Many new green construction materials can be found on the market today, and these numbers will continue to grow with advancing technology and energy saving initiatives. Although costly initially, payoffs can be enormous down the line. Understanding just a few materials, such as those mentioned here, can help builders take a positive step towards energy efficiency now and for years to come.

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Getting a Driveway Permit in Chicago

Tuesday, August 16th, 2011

Different cities have different requirements for construction, but one commonality is that both residential and commercial spaces need a driveway. When obtaining a driveway permit in Chicago, keep in mind that local requirements may differ from those in other cities. This type of permit grants approval to an owner, allowing them to install a driveway in compliance with City of Chicago standards. However, contractors must go through different application processes for residential permits versus commercial permits.

 

A residential permit is valid for property that does not exceed 4 residential units. The fee is only $10 but cannot be transferred to a new owner. In such a case, a new application would have to be filed. The documentation required for this permit includes:

 

  • Completed application 
  • Five copies of a plat of survey for proposed driveway application and two copies are required for existing driveway application or sketch showing exact location and the entire site being served by existing driveway showing curb cut. 
  • One photograph of driveway or proposed location showing curb and sidewalk area.  
  • Certificate of insurance (property owner’s) for $250,000 of personal liability naming the City of Chicago, its officers, employees or agents as additionally insured with respect to the driveway approach at the property location. 
  • Permanent Index Number (PIN) for the property. 

 

A commercial permit is necessary when a property contains a commercial business, more than 4 residential units, a combined residential/commercial business, a school, a church, etc. The fee for a commercial driveway permit varies slightly based on the width. The minimum fee is $100 and increases at $2 per foot of added width over 25 feet. If building within the Central Business District, these fees are doubled. The documentation required for this permit includes:

 

  • Completed application 
  • Five copies of a dimensioned site plan, drawn to scale.  Plan must show entire site and all proposed and existing driveways (all existing driveways to be removed must be noted and shown on the site plan). 
  • Three photographs of each driveway showing curb and sidewalk area. 
  • Certificate of insurance (property owner’s) with a combined single limit in the amount of $1,000,000.  The City of Chicago its officers, employees or agents must be listed as additionally insured in respect to each driveway approach at the property location. 
  • Federal Employer Identification Number (FEIN) or Social Security Number and Permanent Index Number (PIN) for the property. 

 

Additionally, whether residential or commercial, if the permit is for a proposed driveway, an application can take a minimum of 30 days for approval. This is much longer than the one week timeline for existing driveways.  Overall, with a bit of guidance, obtaining the necessary permit can be a smooth process.

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Zoning Variances for Los Angeles Building Codes

Monday, July 11th, 2011

Keeping track of Los Angeles building codes can be a difficult job for even the most detail-oriented contractor. However, figuring out when your project may be eligible for zoning variances can be even more difficult. Every contractor knows that zoning variances are when the city allows an exception to their usual zoning laws. Variances are usually approved when the property is used in a way that is mostly consistent with the code but has small differences.

The Burnham experience means that we can help you determine which variances are likely to get approved by the approval board. We streamline this process, often accompanied by hassles, to save you time and money. Our years of experience, combined with our close relationships with city officials, means that we have in-depth knowledge about zoning ordinances and building codes as well as changes to the codes and the laws. We understand what the city wants, what neighbors’ concerns may be, and how to submit requests that are likely to get approved. One of our main objectives is to get everything approved so that there are no hold-ups and so that no issues escalate into disputes or zoning conflicts.

While our Burnham team is guiding you through your zoning variance request, you can expect that we will study the relevant codes in each zone and thus predict where any potential problems may occur. Then we can work to circumnavigate those potential problems. We have experts that understand every aspect of getting a variance approved, from the impact the variance may have on traffic to its impact on the environment. Understanding the far-reaching effects of a variance is part of why we are so successful in getting variance requests approved.

Before you submit your request for zoning variances, you should speak with our consultants at Burnham. Our business connections mean that we understand the Los Angeles building codes, often have preemptive knowledge of changes, and know how to manipulate the approval process. We gladly offer our clients the benefits of our years of experience.

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Do You Qualify for an OTC Trade Permit?

Monday, June 20th, 2011

Many projects only require an OTC (Over the Counter) trade permit. The advantage to obtaining one of these permits is that you can avoid the cumbersome steps of plan reviews and site inspections. However, filling out forms and navigating municipal laws to figure out which projects can be done with an OTC permit is not always a simple task.

To expedite this process, you can rely on the twenty years of experience that Burnham has in obtaining building permits and complying with municipal laws. Our project managers work with you every step of the way to ensure that your permit does not encounter common delays, and to help you understand the various steps involved in obtaining a permit. If necessary, we can meet with you to offer a detailed report on which codes you need to follow and which permits you need to file. We derive our advice from careful research, years of experience and close relationships with city officials. When handled correctly, OTC permits can often be approved in as little as one to two business days, and you can track your permits online.

Every municipality requires different criteria to be met before they are willing to grant an OTC trade permit. Because we have offices in many of the country’s largest cities, we can advise you of the requirements in your specific area.

For instance, if you reside in Seattle and you are doing some electrical work, you might qualify for an OTC permit, given certain criteria. Once every two years, you can apply for an OTC electrical permit for a building that has up to four residential units if you plan on residing in one of the units for at least twenty four months following the completion of the project. This rule also allows you to circumnavigate the code that would normally require you to hire a certified electrician. In addition to the building and residency requirements, the work you are doing must not exceed certain voltages or amps. For instance, if you plan to install an electric vehicle charging station, you can only file for an OTC trade permit (and avoid site inspections) if your project does not exceed 400 amps. You may be surprised that even certain low voltage projects, like hardwiring a security system for a single family home or duplex, may require a plan review.

That is just a very brief look at some of the requirements that must be met to get an OTC trade permit for one type of project in one city. The rules, of course, are different for each city, and are constantly changing. Our clients rely on our expertise to help them file the necessary paperwork so that they can begin their work as soon as possible. We hope to work with you, too, and help get your project started!

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Understanding NYC Building Permits

Monday, June 13th, 2011

In order to obtain NYC building permits, you, as a PE (Professional Engineer) or an RA (Registered Architect), must put forward an application that includes your project’s construction plans. It is your responsibility to ensure that the plans follow all of the current NY building codes. Once these plans have been approved, you can file for a permit, which, once granted, allows you to finally start your project. If the city has any objections to the plan, the entire process must be repeated until all of the stipulations have been satisfied.
Although the process sounds quite straightforward, RA’s and PE’s can be forced to submit and resubmit their applications an interminable amount of times if they include any number of small mistakes. When you work with Burnham, we ensure that all the forms are filed correctly, all the codes are adhered to, and that the entire process is as expeditious as possible. In fact, as often as possible, we like to take advantage of the New York Buildings Department expedition program, called the Professional Certification Program.  This program saves time because it allows professionally certified construction plans to bypass the plan review. Skipping this step means that your application will be approved much faster than it would have if it required a review. 

The NY building codes are based on a set of 1968 codes and over forty years worth of municipal updates and additions. One of the most recent changes to the code that Mayor Bloomberg signed into law at the close of 2009 was the Greener, Greater Buildings Plan. Currently, these laws are the most detailed and ambitious set of energy efficient codes in the nation. However, what is good for the planet is not always simple and clear for RA’s and PE’s.

RA’s and PE’s can avoid the onerous task of wading through the new complex codes and years worth of updates that address everything from climber cranes to the prohibition of smoking cigarettes at construction sites when they sign up for the ‘Burnham special experience’ for unparalleled help in filing for NYC building permits and understanding NY building codes.  

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New York City Department of Buildings launches QR Codes

Wednesday, April 20th, 2011

The New York City Department of Buildings has successfully launched the use Quick Response (QR) Codes on all Building Permits, providing New Yorkers with instant access to information related to buildings and construction sites throughout New York City.

New Yorkers now can scan the QR code of any construction permit and instantly learn details about the ongoing project – including the approved scope of work, identities of the property owner and job applicant, other approved projects associated with the permit, the complaints and violations related to the location and user will have the ability to click a link that will initiate a phone call to 311 to make a complaint.

Commissioner LiMandri. “Construction is vital to the growth of this city, but when that work impacts our quality of life, residents should be able to quickly learn who is responsible and what work has been approved. By scanning a QR code on a permit, New Yorkers can easily learn important details about construction work in their neighborhood and if that work is safe and lawful. I encourage all New Yorkers to download a QR app and scan a permit today.”

Click here to read this entire article from New York City’s Department of Buildings.

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"Burnham is a first-rate operation. I rely on them to coordinate many of the permit-related tasks that I am too busy to do myself. I draw on their knowledge on changing municipal requirements, proactive problem solving and would definitely recommend them to others."
Rich Neubauer,
McDonald's
"I've had great success with Burnham for permit expediting, and recently learned they offer code consulting. They are great in meetings and provide excellent reports supported by detailed research and experience. I will use them whenever I have code issues on a project."
Jeff Kennedy,
Centaur Construction
"I like Burnham because their response time is terrific. They're professional with a systematic approach and solid corporate infrastructure - and their web-based system shows me exactly what is happening with my permits at all times."
Tom McCloskey,
The Related Companies, L.P.
"Working with Burnham makes the best use of my resources. It would be too costly for me to have staff who know as much as they do about the permit process."
Mike Moravek,
The John Buck Company
"Burnham is always a vital part of our Project Team. Their level of service and professionalism far surpasses their competition. The first call I make when a new project comes in is to Burnham."
Gregg Navins,
OMARA Organization, Inc
"We have tried other permit services in the past but only Burnham delivers the level of detail, follow through and accountability necessary to be successful in today's complex permit acquisition arena."
Dave Morgan,
The Body Shop
"Speed and efficiency are paramount, we aren't looking for just another layer of project management. Burnham gets the process due to their strong knowledge of jurisdictional requirements, and excellent working relationships with municipal staffs."
Glenn D. Middleton,
Design Forum
"We have come to rely heavily on Burnham's expertise... they have developed a professional consulting practice that we are proud to be associated with."
Michael T Clune,
Clune Construction Company