Thursday, June 30, 2011

Second Story House Additions

I am frequently approached by clients who need more living space and during the initial conversation toss out the possibility of doing a second story addition.  Having done two second story additions for myself, acting as architect, owner, and general contractor, I feel that I have some unique perspectives on this issue.   
To determine whether a second story is feasible or not you need to look at all of the impacts of constructing a second story as opposed to ground story.  Applying a simple cost per square foot for the new construction will not work here.  The ground floor will need to be upgraded to carry the upper floor loads, both gravity loads and seismic loads.  Invariably some of the footings will need to be enlarged to carry the upper floor loads.  The method for doing this is called underpinning.  It is accomplished by digging under the existing concrete footings and increasing the effective size by pouring a new larger footing under the existing footing.  If the house has a slab floor this can be trickier as often some interior footings are required within the interior portion of the house as well as the perimeter.  

The other thing that needs to be considered is the location of the stairs that will be required to connect the two floors.  Stairs can take up almost as much ground floor space as a small bedroom.  So, while you are adding space upstairs you may be subtracting 100 square feet or so from the ground floor.  Also the location of those stairs is critical to a functional circulation pattern on both floors. There are some other drivers of additional costs like marrying the roof forms together and likely the necessary cost of doing some of the construction work from scaffolding.   

However, the most important thing to consider is how much the ground floor is being impacted.  It is easy to underestimate.  For instance if you move a wall between two rooms you will need to patch the ceiling, trim, and floor finishes in two rooms, as well as paint and add electrical in the wall.  And, if you are relocating the kitchen and remodeling a downstairs bathroom, as well as adding the stairs, plus new footings, you will be quickly approaching the cost of a tear down and rebuild.   

So my best advice is this: if you can accomplish your goals with an extension on the ground floor, it will cost considerably less than a second story addition.  If your situation will not allow for this, and you are required to go to a second story configuration, go into it with realistic expectations, and anticipate moving out for a period of time.  You can check out my second story remodel on my website: www.edwinbruce.com/Bruce1.html  
We actually lived on the property except for three nights when the plumbing was out of service.  The construction time was 15 months.  

If after reading this you have questions and feel that I can help, please don’t hesitate to contact me.  I’m happy to answer questions informally.

Tuesday, June 21, 2011

A Very Brief Explanation of ADA Requirements and Hardship Exemptions

Small commercial remodels often trigger the requirements to make their facilities accessible for the disabled. Commonly known as ADA access, this is from the Americans with Disabilities Act, federal civil rights law. Simply put, the ADA is the law that the “wheelchair activists” use to sue owners and tenants. There is also the California Building Code, which requires accessibility features for the disabled. The Building Code requirements are applied to your project when you apply for a building permit.
I can’t tell you how many times we’ve had to tell clients that their tiny, tiny, remodel will trigger accessibility upgrades, and how disappointed they’ve been to learn that the project will require some reasonable accommodation.

However, in the building code, there is such a thing as a Hardship Exemption. The rule is this: you will be required to spend a maximum of 20% of your construction budget on accessible features listed in an order of priority, unless the total valuation of your project exceeds $132,536 ( for 2011). This number comes from a formula that increases every year. If it is above this number, you’ll be required to provide a minimum of 20% for accessibility and possibly more. How much more is at the discretion of the building agency to determine how much over this 20% constitutes a hardship upon reviewing the particular circumstances involved. They ultimately want to see buildings become completely compliant. So if your total construction valuation is substantially above this and you have out of date toilet rooms that don’t meet code, there is a good chance that you’ll have to bite the bullet and upgrade them.


The order of priority in accessibility features start from access to the building, through the building, accessible toilet rooms, and then on to other features such as drinking fountains. And on that note, I was just talking to one of our general contractors yesterday, he was saying that the costs for an accessible single occupancy toilet room for his project was around $21,000. Expect that number to vary with site conditions. This is something tenants need to negotiate with their landlords before they sign the lease. Negotiate for them to contribute to accessible upgrades if they are required, and clarify in writing who will be responsible for exterior compliance if there is a shared parking lot and sidewalks.

Monday, June 20, 2011

Construction with or without Building Permits? – an Architect’s View

The state of construction in Silicon Valley is still awfully slow but it is very gradually picking up. This is my observation as an architect who has been in private practice in the area for the last 26 years. The office phone is starting to ring with owners calling about small projects and T.I. projects that they need right away.

Not uncommon normally, but particularly noticeable in today’s market are owners attempting to fly under the radar without building permits. Owners and sometimes tenants, initiate minor, and some not so minor, building alterations without permits. This has always occurred to some degree, but perhaps because of our tight economic conditions I’m seeing it more and more. I’m not suggesting that this is something that an owner should do, but it is a fact of real life in the real estate world. More so than in previous recoveries, we’re getting calls from owner’s who have started or completed a project without permits and have gotten caught and need help getting them permitted retroactively. I don’t know if the building departments are attempting to create more work or not, but it seems odd that we are getting so many red-tagged projects, considering how the local building departments are short staffed.

We recently helped an owner who had remodeled the upper floor of his Santa Clara office building eliminating the hallways and adding that area to the tenant spaces so he had more leasable square footage. On the surface, this might sound like a good idea from a business perspective, however from an exiting perspective, it created serious life safety violations of the City building code, and when discovered, the building Department gave them a deadline to correct the conditions. The process that was necessary to obtain permits was to draw the building and site plan as if we were submitting it for the first time with the hallways shown in a legal configuration. This was almost exactly as it was before the alteration was done. Of course this brought up the issue of building accessibility for disabled persons. Fortunately, the project was so small that we were able to avoid an entire remodeling of the toilet rooms. We were only required to stripe an accessible parking space and van aisle and create a curb ramp.

And on that note, I was just talking to one of our general contractors recently; he was telling me about a 10 unit R&D building that had some un-permitted changes in one unit. The Building Department was going to make them upgrade all 10 toilet rooms. I guess it took weeks of email barrages quoting code sections and face to face negotiations to make them drop the requirement back to upgrading the one toilet room in the unit that had changed.

On another project done without permits, we just recently had a meeting with an inspector from the City of San Jose at an apartment building that had a parking space that had been enclosed to create a leasing office and another space that had been enclosed for storage. The changes were done decades ago and even by the prior owner, but the City did not care, they were discovered and needed to get permits. San Jose has a code enforcement division dedicated to this sort of thing. Fortunately in this case, the apartments had enough parking spaces that parking count was not an issue. This made it much easier to obtain approval from the Planning Department, which is the first step whenever you are dealing with exterior changes. For building permit submittal we will only need to provide some drawings showing what was built. We will have to open one wall to make changes, and we’ll show one door opening filled in from the office to the manager’s apartment. The inspector was actually quite helpful.

We also were recently involved with a home remodel in Los Gatos where some relatively minor interior work had been done without permits and they had been red-tagged. They were on a dead end street in the foothills with only five houses beyond them. The problem was that they piled their construction debris in the front yard for weeks. Either an annoyed neighbor called the Town, or a building inspector drove by and shut them down, so take note of construction debris. Again, we had to meet with the Chief Building Official, prepare plans as if the changes were new, submit for a permit, and have the work inspected by the building inspector.

In summary, as an architect I would advise you to follow the straight and narrow and to go through the permit process. You’ll sleep better at night. But if you do decide to do work without permits, my best advice to owners that are contemplating an attempt to fly under the radar on a residential alteration or a commercial interior T.I. alteration without permits is this. If you don’t want the cost or can’t afford the delay that permitting invariably entails, still make sure you do the improvements to code. If you should have the misfortune to be red tagged or be sued by a tenant or a disabled person, having done the improvements with the required legal exiting, accessible path of travel and other requirements will save you having to tear the whole thing out, get permits and start over – not a good option. Life safety issues are at the heart of the building code and is the area that the enforcing agencies stress the most. However, in this day and age, you’d better have the disabled (ADA) accessibility requirements covered also. So, if you are going to fly under the radar and are doing it to avoid a serious code issue you are doing so at your own peril. But in any case, make it safe and build it to code. It’s safer for you, your tenants and guests, and eliminates a big liability for you if you ever decide to sell the building. So be particularly careful when changing anything that could be considered a path of travel to an exit, and watch out for changes in buildings equipped with fire sprinklers. New walls can change the spray pattern and coverage of the sprinkler heads and can get the attention of the Fire Marshal as well as the Building Department.

Best of luck . . .and keep it safe!