# Little Traverse Bay Bands of Odawa Indians Construction Permits Procedure

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3Aa411164822991787

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Little Traverse Bay Bands of Odawa Indians Construction Permits Procedure
1.

PURPOSE
A. Statement of Purpose:
The purpose of this document is to establish the application process for
Building, Mechanical, Electrical, and Plumbing permits.

2.

DEFINITIONS
A. Planning Building and Zoning Department- Hereafter referred to as
“The Planning Department” is the Executive department tasked with the
implementation of the LTBB construction permitting process per WOS
2009-007
B. Building Code- The Tribe has adopted by reference the Michigan
Building Code (2015 edition) and Michigan Residential Code (2015) in its
entirety with the exception of the Michigan Energy Code. In place of the
Michigan Energy Code, the Tribe has adopted The International Energy
Code (2021 Edition).
C. Construction Code Review- A construction drawing review performed
by a licensed professional contracted by the Tribe. Reviews are required
for building, boiler, electrical, elevator, mechanical, and plumbing plans.
Boiler and Elevator plans are reviewed by the State of Michigan for code
compliance per a Memorandum of Agreement between the State and the
Tribe.
D. Project Initiation form- A form used by the department for all
construction projects. The form outlines the scope of the project and helps
determine what will be required to move the project forward.
E. Construction Permit- An approval issued by the Planning Department
that provides applicants with the legal authority to complete construction
work.
F. Construction project- The act, or art, or business of moving,
demolishing, installing, or building a structure, facility, or system
according to a plan or by a definite process. Construction consists of the
application of any of these techniques to physical facilities (structures,
utilities, excavations, site improvements, engineered drainage systems,
roads) and the addition or deletion of such facilities.
G. Maintenance Project- Can be submitted through a P.O. (no architect or
engineer or complex bidding process required): the ongoing upkeep of
buildings, equipment, roads (activities specifically defined as maintenance
by BIA), and utilities required to keep a Facility in a condition adequate to
support the Government’s public service functions. It consists of

Little Traverse Bay Bands of Odawa Indians Construction Permits Procedure
preservation and preventative actives, but not improvement of buildings. It
is routine in nature normally, but may also be to bring equipment or a
structure back to its fully functional state
H. Permit Applicant- Licensed contractor performing work, or Homeowner,
if they occupy or will occupy the home and are taking on the
responsibility of becoming the General Contractor. In the case of a
Mechanical, Electrical or Plumbing permit, the homeowner must actually
be performing the work to pull the permit per the Tribe’s adopted building
code.
I. Building Permit- A permit pertaining to work not covered by a subtrade
permit.
J. Subtrade Permits- Permits required for work relating to plumbing,
mechanical, or electrical
K. Electrical Permit-A permit required for any electrical work done on a
building or structure, including installations of conductors that connect the
supply of electricity and installations of other outside conductors on the
promises.
L. Mechanical Permit-A permit required for any mechanical work done
outside of the replacement of minor parts. Permits are not required for
portable equipment (heating, ventilation, cooling units, evaporative cooler,
gas burners with less than 30,000 Btu/hr., self-contained refrigeration
equipment, window type air conditioners of not more than 1.5 hp, and oil
burners not requiring connection to flue.
M. Building Official- an inspector that is licensed through the State of MI
and contracted through Little Traverse Bay Band of Odawa Indians to
reviews plans and visits construction sites to ensure all building codes and
regulations are being met. The building official will also ensure that all
other required inspections have been approved prior to a certificate of
occupancy being issued.
N. Plumbing Permit- A permit required for work done involving the
installation, maintenance, extension, and alteration of all piping, fixtures,
plumbing appliances, and plumbing appurtenances in connection with
sanitary drainage or storm drainage facilities; venting systems and public
or private water supply systems, within or adjacent to any building or
structure. A plumbing permit is not required for repairs which involve
only the working parts of a faucet or valve or clearance of stoppages
where alterations of the pipe or fixtures are not required.

Little Traverse Bay Bands of Odawa Indians Construction Permits Procedure
O. Plumbing, Mechanical, or Electrical inspector (MEP inspector)Inspectors licensed by the State of Michigan and contracted through Little
Traverse Bay Bands of Odawa Indians to perform inspections on specific
trade work.
P. Other Permits not issued by the Planning Department- Little Traverse
Bay Bands of Odawa Indians, through a Memorandum of Agreement with
the State of Michigan, permit Elevator and Boiler work through the State
of Michigan. The State of Michigan performs all code reviews and
inspections on these items.
Q. Special Inspections-Inspections defined by the Tribe’s Building Code as
“the inspection of construction requiring expertise of an approved special
inspector in order to ensure compliance with the code and the approved
construction documents”. Special inspections are required for building
components identified in the building code when the design of these is
required to be performed by a professional engineer or architect.
Inspections required include but are not limited to:
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Concrete
Masonry
Structural steel
High load wood diaphragms
Soils
Deep foundation systems
Sprayed fire-resistant materials
Fire rated door installations
Mastic and intumescent fire-resistant coatings
Exterior insulation and finish systems
Smoke control systems
Any special cases as determined by the code review

The code further mandates the design professional to provide a statement
of special inspections or to be notated in the general notes on the
construction drawings.
3.

Policy
A. Relevant Construction Permits shall be required for the following:
i. New construction, additions, decks, siding, re-shingling, and any
remodeling project per the Tribe’s adopted building code.
ii. Any project that builds walls or alters the existing structure of a
building

Little Traverse Bay Bands of Odawa Indians Construction Permits Procedure
iii. Maintenance activities such as painting, wall-papering, tiling,
carpeting, cabinets and countertops (or similar finish work) do not
require a building permit.
B. Inspections and Code Review
i. All Construction projects requiring a building permit shall go
through code review and be required to have inspections
completed at the proper intervals per the Tribe’s adopted building
code.
ii. It is the responsibility of the contractor completing the work to call
for inspections at proper times.
iii. Inspections shall be required for all electrical, mechanical, and
plumbing work done if modifications or upgrades to existing
systems are required, or when new systems are added. For
plumbing, the cleaning of drains, the repair or replacement of
faucets and toilets will not require a permit or inspections.
4.

Construction Permit Procedure
A. For all capital projects, new construction, or major remodel projects, a
Project Initiation Form shall be filled out by Owner or Project Coordinator
and returned to the Planning Department as soon as a project scope is
defined. The scope of the project outlined will determine what permits and
processes are required to move forward with the project.
B. Permit Applicants shall submit to the Planning Department the “Permit
Application” with any attachments to the permit, such as construction
drawings (if required to go through code review). Project initiation
form/preconstruction meetings will have already determined what
attachments, if any, may be required for permit issuance by the Planning
Department and will be communicated to the applicant.
C. For any ground altering activity, the applicant will be required to provide
proof of coordination with the Environmental Services Department for any
required environmental related permits. An environmental clearance form
will be provided to the applicant to have filled out which will document
any required steps or permits required, and how Environmental Services
will monitor such, or in the absence of applicable requirements, a sign off.
D. The Building Official/Licensed Code Reviewer will review the application
and its attachments to ensure the proposed construction adheres to the
Building Code of the Little Traverse Bay Bands of Odawa Indians.
E. Upon review of the application and its attachments, the applicant shall be
informed as to any deficiencies in the application or that the permit will be

Little Traverse Bay Bands of Odawa Indians Construction Permits Procedure
issued. If any deficiencies are found in the application, they must be
addressed, to the satisfaction of the reviewer, prior to the issuance of a
permit.
F. The permit must be posted on the project site and must be plainly visible.
G. Intermediate inspections of job progress are required by code and must be
signed off on by the building official or subtrade inspector.
H. Approved plans must be retained on the job and permit kept posted until
final inspection has been made. Where a certificate of occupancy is
required, such building shall not be occupied until final inspection has
been made and a Certificate of Occupancy (or Temporary Certificate of
Occupancy) is issued.
I. Where applicable, separate permits and inspections are required for
electrical, plumbing, and mechanical installations as well as all special
inspections required by code. Special inspections are the responsibility of
the General Contractor and proof of inspection much be provided to the
Planning Department
J. Per code, the permit will become null and void if construction work is not
started within six months of the date the permit is issued. In the event that
a permit is voided, a new application will be required to be filled out.
K. If it is found that work is being done outside of what is permitted, or the
work is different than what the approved set of plans dictates, a stop work
order will be issued until such a time that revised drawings are received
and approved. Any work done in violation of an issued permit shall result
in a citation per WOS 2022-007

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3Aa411164822991787. Public record. Not legal advice.
