Alaska building permits

Where to get a building permit in Alaska

Apply to the building department of the city, town or county where the property is (the steps).

Alaska state agencies

These offices set statewide codes or license the trades. They do not issue permits for most home projects.

Building code in Alaska

Every code family, edition and effective date is on Alaska building codes.

State rules on which work needs a permit

AS 18.70.080(a)(2); AS 18.70.900; 13 AAC 50.020; AS 18.60.715(b); AS 18.60.735

• State plan review before work. Construction, repair, remodel, addition, or change of occupancy of any building or structure, and installation or change of fuel tanks, must be approved by the State Fire Marshal before any work begins.¹
• Three-plex or smaller exempt from state plan review. Exemption: Residential housing that is three-plex or smaller is exempt from this requirement.¹
• Building excludes under 4 units. In this chapter, “building” means a structure, installation, facility, or edifice erected or in the process of being erected and that is used or intended for use as a commercial, industrial, business, institutional, other public building, or residential building containing four or more dwelling units.⁵
• No state plumbing permit or inspection for stopping leaks, clearing stoppages, and non-substantive repairs or alterations. A permit or inspection is not required for the following work: the stopping of leaks in drains, soil, waste, or vent pipes, the clearing of stoppages in or repairing of leaks in pipe valves or fixtures, and repairs or alterations not of a substantive nature that can be reasonably exempted from inspection.⁵
• Municipalities or unorganized villages under 2,500 population exempt from AS 18.60.705-18.60.740. An organized municipality or unorganized village having less than 2,500 population is exempt from the provisions of AS 18.60.705 — 18.60.740.⁵
• Plumbing jurisdiction 2,500+. MI has jurisdiction over plumbing work in communities with populations of 2,500 and above.³
• Townhouses still plan reviewed to the IBC. 2. Multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures. These structures shall be plan reviewed to the IBC.⁴

Can local rules be stricter?

Local standards may not be less stringent without approval⁴

Homeowners doing their own work

AS 08.18.161(9), (11); AS 18.60.715(c); AS 08.40.190(b)(3); AS 08.40.390(b)(3)

• Own existing structure exempt from contractor registration. …a person working on an existing structure on that person's own property, whether occupied by the person or not, and a person working on that person's own existing residence, whether owned by the person or not…⁵
• One home or building every two years. …an owner who acts as the owner's own contractor and in doing so performs the work independently or hires workers or subcontractors, purchases materials, and, as such, sees to the paying for all labor, subcontractors, and materials; in this case, the owner shall be limited to construction of one home, duplex, triplex, four-plex, or commercial building every two years…⁵
• Notice if sold within two years. …an owner who advertises the structure under construction for sale or sells the structure during the period of construction or within two years after the period of construction begins shall file, on forms provided by the department, a notice indicating that the owner is not engaged in a business for which the owner is required to register as a contractor under this chapter…⁵
• Own-property plumbing allowed. (c) Nothing in AS 18.60.705 — 18.60.740 prohibits a person from performing plumbing work on the person's own property.⁵
• Electrical administrator exclusion for owner. …electrical installation on residential property that is owned by the installer or a member of the installer's immediate family and not intended for sale at the time of making the installation…⁵
• Excluded work still follows regulations. (c) Work within the exclusionary provisions of this section is nevertheless subject to the inspection provisions of AS 08.40.070 and must follow the regulations adopted by the department, other than regulations requiring licensure for the work.⁵
• Mechanical administrator exclusion. …mechanical installation on a single-family residence or a two-family residence that is not intended for sale at the time of making the installation…⁵
• AHFC owner-builder note. The home is built by a general contractor with a residential endorsement to his or her contractor's license (exceptions may apply as in the case of an owner/builder).⁷

Contractor licensing

AS 08.18; AS 08.40; AS 18.62; 12 AAC 21

• Registration required. (a) A person may not submit a bid or work as a contractor until that person has been issued a certificate of registration as a contractor by the department.⁵
• Residential endorsement required. (a) A general contractor may not undertake the construction or alteration, or submit a bid to undertake the construction or alteration of a privately-owned residential structure of one to four units or advertise or publicly represent that the general contractor may undertake work of this type in the state without a residential contractor endorsement issued under this section.⁵
• 25%. In this subsection, “alteration” means changes that have a value greater than 25 percent of the value of the structure being altered.⁵
• Contractor definition. (4) “contractor” means a person who, in the pursuit of an independent business, undertakes or offers to perform, or claims to have the capacity to perform, or submits a bid for a project to construct, alter, repair, move, or demolish a building, highway, road, railroad, or any type of fixed structure, including excavation and site development and erection of scaffolding; “contractor” includes a general contractor, builder, mechanical contractor, specialty contractor, and subcontractor…⁵
• $25,000. …general contractor shall be $25,000…⁵
• $20,000. …general contractor with a residential contractor endorsement under AS 08.18.025 who performs exclusively residential work shall be $20,000…⁵
• $10,000. …mechanical or specialty contractor or home inspector shall be $10,000…⁵
• Liability insurance minimums. …public liability and property damage insurance covering the applicant's contracting operations in this state in the sum of not less than $20,000 for damage to property, $50,000 for injury, including death, to any one person, and $100,000 for injury, including death, to more than one person…⁵
• Electrical administrator needed. (a) The department may not issue a certificate of registration as an electrical contractor to an applicant unless the applicant is, or employs, a person currently licensed as an electrical administrator under AS 08.40.⁵
• Mechanical administrator needed. (a) The department may not issue a certificate of registration as a mechanical contractor to an applicant unless the applicant is, or employs, a person currently licensed as a mechanical administrator under AS 08.40.⁵
• Certificate of fitness. A person engaged in one of the following trades shall first obtain from the department the appropriate certificate of fitness in that trade…⁵
• $1,000. In addition to other relief, the court may impose a civil penalty of not more than $1,000 for each violation.⁵
• Each day separate violation. Each day that an unlawful act continues constitutes a separate violation.⁵
• Repeat violation misdemeanor. A contractor, a home inspector, or a person acting in the capacity of a contractor or home inspector is guilty of a class B misdemeanor if the person…⁵
• Unregistered contractor cannot sue. A person acting in the capacity of a contractor or home inspector may not bring an action in a court of this state for the collection of compensation for the performance of work or for breach of a contract for which registration is required under this chapter without alleging and proving that the contractor or home inspector was a registered contractor or registered home inspector, as applicable, at the time of contracting for the performance of the work.⁵
• State enforcement. Under a Reciprocal Service Agreement with the Department of Commerce, Community, and Economic Development, MI is the primary agency responsible for enforcement of Contractor and Electrical and Mechanical Administrator licensing.³
• Political subdivision bond limit. A contractor or home inspector who is registered with the state under this chapter may not be required to give bond in applying for or holding a license issued by a political subdivision for a similar occupation.⁵
• $10,000. …contractor whose work on one project with an aggregate contract price of $10,000 or less, including all labor, materials, and other items, when the work is not part of a larger or major operation or otherwise divided into contracts of less than $10,000 to evade a higher bonding requirement, shall be $5,000.⁵
• Handyman registration. A contractor doing business as described in AS 08.18.071(b)(4), may apply for registration as a handyman contractor.⁴
• No administrator work. …not perform or employ a person to perform activities requiring an electrical or mechanical administrator under AS 08.40…⁴
• No residential-endorsement work. …not perform or employ a person to perform activities requiring a residential contractor endorsement under AS 08.18.025.⁴

Handyman limits

AS 08.18.071(b)(4); 12 AAC 21.700

• $10,000. …contractor whose work on one project with an aggregate contract price of $10,000 or less, including all labor, materials, and other items, when the work is not part of a larger or major operation or otherwise divided into contracts of less than $10,000 to evade a higher bonding requirement, shall be $5,000.⁵
• Handyman registration. A contractor doing business as described in AS 08.18.071(b)(4), may apply for registration as a handyman contractor.⁴
• No administrator work. …not perform or employ a person to perform activities requiring an electrical or mechanical administrator under AS 08.40…⁴
• No residential-endorsement work. …not perform or employ a person to perform activities requiring a residential contractor endorsement under AS 08.18.025.⁴

Deadlines for permit decisions and inspections

• Typically two to four weeks (agency estimate, not a legal deadline). Processing time is typically two to four weeks after full payment is received.¹

Private plan review and inspections

AS 18.56.300(b); AS 18.60.610; AS 18.60.710; 15 AAC 155.030(a)(2); 13 AAC 50.027(c)(3)

• AHFC loan inspections may use private registered inspectors. The inspection must be performed by a municipal building inspector, by an individual who is registered under AS 08.18 to perform home inspections for new construction, by an architect registered under AS 08.48, by an engineer registered under AS 08.48, or by another person approved by the corporation.⁵
• Authorized electrical inspectors for public or commercial structures. Upon application to the department, a person, corporation, electric utility firm, public utility district, rural electrification association, or municipal utility district furnishing electrical current may be authorized by the commissioner to inspect the electrical wiring for a public or commercial structure as defined in AS 18.60.660 to which it is to furnish electrical current before energizing the electrical system on, in, or about the premises.⁵
• Plumbing inspection may be designated to a utility. The department may by regulation designate appropriate inspection to a public or private utility company.⁵
• BEES authorized inspector. …is a licensed architect, a licensed engineer, or an individual who is registered under AS 08.18 to perform home inspections for new construction who has satisfied the requirements of (c) of this section…⁴
• Complex plans may go to ICC. …if the division of fire and life safety determines that it is advisable because of the complexity of plans submitted, the state fire marshal will submit the plans to the International Code Council (I.C.C.) for plan review by that organization…⁴

Selling a home with unpermitted work

AS 34.70.010-34.70.200; Form 08-4229

• Written disclosure before offer. Before the transferee of an interest in residential real property makes a written offer, the transferor shall deliver by mail or in person a completed written disclosure statement in the form established under AS 34.70.050.⁵
• Form asks about permits. Was the work performed with necessary permits in compliance with building codes?⁸
• Form asks about final inspection. Was a final inspection performed, if applicable?⁸
• Form asks about open permits. 2. Are there any open building permits for the property?⁸
• Form asks about code violations. 4. Are you aware of any violations of building codes, zoning, setback requirements, subdivision covenants, borough, or city restrictions on this property?⁸
• Form asks about remodels. 1. Have you remodeled, made any room additions, structural modifications, or improvements?⁸
• Negligent violation: actual damages. (b) A person who negligently violates this chapter or fails to perform a duty required by this chapter is liable to the transferee for the amount of the actual damages suffered by the transferee as a result of the violation or failure.⁵
• 3 times. (c) A person who wilfully violates this chapter or fails to perform a duty required by this chapter is liable to the transferee for up to three times the actual damages suffered by the transferee as a result of the violation or failure.⁵
• Disclosure limits liability. A transferor is not liable for a defect or other condition in the real property or the real property interest being transferred if the transferor discloses the existence of the defect or condition in the disclosure statement.⁵
• Written waiver possible. This chapter does not apply to the transfer of an interest in residential real property if the transferor and transferee agree in writing that the transfer will not be covered under this chapter.⁵
• First sale exempt. This chapter does not apply to the transfer of an interest in residential real property if the transfer is the first transfer of the property and if the property has never been occupied.⁵

Applies to

One- and two-family residential real property⁵

Accessory dwelling units (ADUs)

• Boroughs provide land use regulation. (a) A first or second class borough shall provide for planning, platting, and land use regulation on an areawide basis.⁵
• Local zoning by ordinance. …zoning regulations restricting the use of land and improvements by geographic districts…⁵