Once a Preservation Permit has been issued, inspections and additional reviews are required. Work done without a preservation permit, or contrary to the specifications on a preservation permit, is a violation of the regulations established under Section 17.36, Overlay Districts, in Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County. Like the Building Code, the Design Guidelines are a legal document. Work done without prior review and approval by the commission is subject to penalties.
How Does the Inspection Process Work?
The Permit: Most Preservation Permits include drawings that are a part of the permit. If changes are need to what was approved, contact [email protected] before starting work.
Reviews: Most projects require final review of materials/features that were not known at the time the Preservation Permit was issued. Materials for windows, doors, and roofing are common reviews. Information for approvals may be sent to [email protected] or a material sample wall can be constructed for inspection.
Inspections: Most projects require inspections throughout the process to manage potential revisions and violations early in the process, before they can cause major delays and additional expense. Typical inspections include: field staking, foundation, framing, final, partial-demolition and U&O. If these inspections are the same as Codes, both departments need to be contacted. Contacting one department will not trigger an inspection request for the other. Codes will review a project to ensure it meets building code, while we review to ensure the project meets the approved design.
What Happens When there is a Violation?
When a violation is discovered, staff determines the most appropriate course of action. Typically, the following steps are taken to reach compliance.
- If the work meets the design guidelines and is on the list of projects the Commission allows staff to issue Administrative Permits for, a Preservation Permit will be issued or the relevant existing Preservation Permit will be revised.
- Staff will attempt to contact the applicant/property owner to discuss correction and deadlines.
- If the work is still underway, a Stop Work Order may be posted.
- A violation notice may be mailed to the property owner.
- The property owner may choose to apply to the Commission to keep the violation as-is.
- If the violation is not abated within the timeline specified by staff or the Commission, a citation will be issued to appear in Environmental Court.
Hints for Avoiding Violations
- Approvals are based on design guidelines that consider existing conditions; therefore one shouldn’t assume that something that was done on one project can automatically be done on a different project. Each Preservation Permit is site specific.
- Ensure that the applicant, typically the owner or designer, passes the Preservation Permit to the contractor.
- Preservation Permit drawings may have additional notes that should be reviewed prior to beginning work.
- Obtain final reviews prior to purchase and installation.
- Revisions sent to the Codes Department are not automatically routed to use so also send to [email protected].
- Contact [email protected] for inspections noted on Preservation Permit.
- Be sure that drawings are accurate and reflect existing conditions, such as grade, prior to beginning work. Contact [email protected] for any needed revisions.
- Build to the drawings or request revisions. If it’s discovered that the project cannot be constructed as approved, please stop work and contact staff.
- Confirm property lines prior to beginning work and stake corners for inspection. Fences and alleys are not good indicators of property lines.
- Drawings that are a part of the application or staff recommendation may not reflect the final drawings that are a part of the Preservation Permit. Make sure you have a copy of the Preservation Permit prior to beginning work.