SECTION 748:3-1-2. Definitions

  The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Authority Having Jurisdiction" means an organization, office, or individual responsible for enforcing the requirements of the State Adopted Building Codes, including the prior authorization or approval of any equipment, materials, installations or procedures used in all or part of the construction of a new, or the alteration or renovation of an existing, building or structure, including integral finishes, fixtures and building systems therein.

"Building Code" means a collection of required standards and practices intended to apply to all or part of the construction of new, or the alteration or renovation of existing, buildings or structures, including integral finishes, fixtures and building systems therein.

"Building Permit" means any written authorization or approval, issued by an authority having jurisdiction, which allows the holder or other persons to commence the construction, alteration or renovation of all or part of a residential or commercial building or structure subject to the requirements of the State Adopted Building Codes. For purposes of this Title, the term building permit includes any process wherein authorization, approval or registration is required prior to construction even though: 1) a permitting or registration document is not issued at that time; 2) the authority having jurisdiction refers to the authorization, approval or registration as something other than a "permit"; or 3) the only activities performed by the authority having jurisdiction are fee-based inspections of the work performed. For purposes of this Title, each segment of a multi-segment permit shall be considered a separate building permit if the segment meets each of the following conditions: 1) the authority having jurisdiction requires a separate, stand-alone building permit for the segment work when said work is not performed as part of a multi-segment construction project; 2) the authority having jurisdiction charges a stand-alone building permit fee for the segment work when said work is not performed as part of a multi-segment construction project; and 3) the segment work is subject to the requirements of the State Adopted Building Codes.

"Commercial Construction" means any building related construction or appurtenances for commercial, retail or industrial purposes and residential construction other than one- and two-family dwellings and townhouses.

"Construction Code" and "Construction Permit" shall have the same meaning as, and be respectively interchangeable and synonymous with, the terms "Building Code" and "Building Permit" as defined herein, respectively.

"Multi-Segment Permitting" is the administrative process of consolidating multiple building permit work authorizations, approvals and/or registrations and the payment of required permit fees for a multi-segment construction project into a single administrative process.

"Residential Construction" means any building related construction or appurtenances for residential one- and two-family dwellings and townhomes.

"State Adopted Building Codes" means any legally applicable building code currently in force and effect within the State or a governing jurisdiction until superseded by a code adopted by the Commission and all building codes adopted by the Oklahoma Uniform Building Code Commission.

[Source: Added at 27 Ok Reg 665, eff 1-12-10 (emergency); Added at 27 Ok Reg 2364, eff 7-11-10; Amended at 29 Ok Reg 1645, eff 11-1-12; Amended at 30 Ok Reg 106, eff 11-1-12 through 5-24-13 (emergency); Amended at 31 Ok Reg 2465, eff 9-12-14]

Note

EDITOR’S NOTE: Upon sine die adjournment of the Legislature on 5-24-13, these emergency amendments were terminated due to the Legislature's failure to approve the proposed permanent amendments that were intended to supersede the emergency amendments, as set forth in 75 O.S. 2011, §308(F) for proposed rules authorized by Title 59 of the Oklahoma Statutes. Upon disapproval of a proposed permanent rule intended to supersede an emergency action, the emergency action is considered terminated [75 O.S. 2011, §253(H)(2)(c)], and upon termination of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 5-24-13 (after sine die adjournment of the Legislature), the text of 748:3-1-2 reverted back to the permanent text that became effective 11-1-12, as was last published in the 2012 OAC Supplement, and remained as such until amended by permanent action on 9-12-14.