Chapter I Administration

Unified Construction Code of Republic of Kosovo Section 1 Administrative/Legal Chapter I - Administration I. GENERAL 1. 1.1. Title. These technical regulations shall be known as the Unified Building Code of Republic of Kosovo. It is referred to in this document and in related laws or administrative instructions as the Code or the Construction Code. 1.2. Scope. This Code establishes technical requirements for the design, construction, alteration, repair, reconstruction, and demolition of buildings and other construction objects within the Republic of Kosovo. 1.3. Purpose. The purpose of the Code is to establish the minimum requirements to safeguard the public health, safety and general welfare through the necessary resistance of the structure of means of egress facilities, equilibrium and stability, sanitation, management of construction waste, adequate light and ventilation, energy efficiency and savings measures, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations, as well as any other technical requirement that is considered a relevant technical issue by its nature. 1.4. Applicability. This Code shall apply to: 1.4.1. The design and construction of new structures; 1.4.2. Any changes in use of an existing structure that places it in a different category of construction, unless the proposed change of use is less hazardous to health and safety than the previous use; 1.4.3. Any alterations, additions, or changes to an existing structure for which a building permit is required; 1.4.4. Existing structures, facilities and conditions when identified in specific sections of this Code or by other laws or regulations; 1.4.5. Existing structures, facilities and conditions that, in the opinion of the competent body, constitute a distinct hazard to life or property. 1.5. Terms & Interpretation. 1.5.1. All terms in this Code shall be consistent with the terms as used in the Eurocode. Questions of interpretation should refer to how those terms are interpreted in the Eurocode system. 1.5.2. If different sections of this Code require different material, methods of construction or other requirements, the most restrictive provision shall govern. 1.5.3. If there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. 1.6. Standards. References to standards in this Code shall be considered part of the Code. When differences occur between provisions of this Code and the referenced standard, the provision of this Code shall apply. The standards referred to by the Code have been adopted by the Kosovo Standardization Agency and copies of the standards can be purchased from this agency. 1.6.2. Exception: If differences occur between provisions of this Code and the referenced standard due to translation issues, the provisions of the original official language of the standard prevail. 1.6.3. Exception: If enforcement of a Code provision would violate the conditions of listing of the equipment or appliance, the conditions of listing and manufacturers instructions shall prevail.

Unified Construction Code of Republic of Kosovo Section 1 Administrative/Legal Chapter I - Administration 1.7. Appendices. Appendices of the Code are expressly included as portions of the Code. 1.8. Partial Invalidity. If any portion of this Code is held to be invalid, that decision will not affect the validity of the remaining sections of the Code, which shall remain in full force and effect. construction works for which permits have been issued in accordance with procedures set forth by Administrative Instruction. Reports of such inspections shall be in writing and signed by a responsible officer of the competent body or by the responsible individual. 2.5. Identification. Officials from competent bodies shall carry proper identification when inspecting structures or premises in the performance of duties under this Code. 2.6. Right of Entry. 2.6.1. Inspectors have a right to enter a structure at reasonable times to inspect or to perform the duties under this Code if: 2.6.1.1. The applicant has scheduled an inspection required under the Law on Construction or this Code; or 2.6.1.2. The inspector has reasonable grounds, based upon an inspectors own observation, to believe that a condition exists on the premises that is a substantial violation of this Code or that presents an imminent and severe danger to public health and safety; or 2.6.1.3. Serious damage or injury has occurred on the site; or 2.6.1.4. The inspector receives a substantiated complaint indicating that there is a substantial Code violation or an imminent and severe danger to public health and safety. 2.6.2. Inspectors must carry proper identification and must present this identification when they request entry to the premises or structure; 2.6.3. If the structure or premises is unoccupied, the inspector must first make a reasonable effort to locate the owner or other person having control of the premises and request entry. 2.7. Records. In accordance with the Law on Construction, Article 13,

II. RESPONSIBILITIES AND POWERS OF COMPETENT BODIES ENFORCING THE CODE 2. 2.1. Enforcement of Code. 2.1.1. Officials from competent bodies are authorized to enforce the provisions of this Code. 2.1.2. The Ministry of Environment and Spatial Planning shall have authority to interpret this Code and to adopt sublegal acts to clarify its applicability. Such interpretations and sublegal acts shall be in conformance with the intent and purpose of this Code. 2.2. Applications & Permits. The competent body shall receive applications, review construction documents, and issue terms of construction and construction permits in accordance with procedures set forth by Administrative Instruction. 2.3. Notices & Orders. The competent body shall issue all necessary notices or orders to ensure compliance with this Code. 2.4. Inspections. Competent bodies are authorized to make all required inspections and to accept reports of inspection by approved agencies or individuals of inspections of

Unified Construction Code of Republic of Kosovo Section 1 Administrative/Legal Chapter I - Administration competent bodies shall archive construction documents. This includes keeping official records of applications received, on-line tracking spreadsheets, review checklists, terms of construction and permits issued, information regarding any permit that is deemed to have been granted due to the Silence is Consent principle, fees and charges collected, reports of inspections, notices and orders issued, certificates of occupancies granted, and the total number of square meters permitted. 2.7.1 Records shall be made available to the applicant upon request. 2.7.2 Records shall also be made available to others in accordance with the Law on Access to Official Documents, No. 2003/12 or other applicable law. However, competent bodies shall take steps to protect personal data of applicants and shall treat construction documents as containing data of private commercial interest, including intellectual property. 2.8. Liability. If employees or representatives of competent bodies act in good faith and without criminal intent, their actions or omissions shall not rise to the level of violations under the Law on Construction, No. 04/L-110, Article 36 and they shall not be liable personally for any damage to person or property arising because of an act or omission in discharge of official duties to enforce this Code. 2.9. Approved Materials and Equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 2.10. Modifications and Alternative Materials, Designs and Methods. 2.10.1. At the request of an applicant, competent bodies may grant modifications to Code requirements if the competent body finds that the strict adherence to this Code is not practical. Modifications must be in compliance with the intent and purpose of the Code and must not lessen health, life and fire safety requirements, or structural integrity. 2.10.2. A competent body may require tests, at the expense of the applicant, to support a request for modification. Test methods must be as specified in this Code or by other recognized testing standards. 2.10.3. Decisions granting modification and reports of testing must be kept in the official records of the competent body. III. CONSTRUCTION PERMITS 3. 3.1. Responsibility. Every person who designs or performs construction work for the installation or repair of building, structure, electrical, mechanical or plumbing systems, for which this Code is applicable, has a duty to comply with this Code. 3.2. Permit Required. Any owner or authorized agent who intends to engage in construction activities must obtain a permit in accordance with the Law on Construction and applicable Administrative Instructions. 3.3. Permit Not Required. Some construction works do not require a permit. Works not requiring a permit are defined in the Law on Construction and Administrative Instruction. Even if a construction works does not require a permit, it must still comply with this Code and

Unified Construction Code of Republic of Kosovo Section 1 Administrative/Legal Chapter I - Administration all other laws, sublegal acts, and municipal requirements. 3.4. Placement of Permit. The construction permit or copy thereof must be kept at the construction site until the project is complete. IV. CONSTRUCTION DOCUMENTS 4. 4.1. Documents Required. Construction documents to be submitted are listed in Annex A. Construction documents for Category I shall be prepared by a licensed design professional if required by the regulations of the municipality where the project is to be constructed. Construction documents for Categories II and III shall be prepared by a licensed design professional. If special conditions exist, the competent body is authorized to require additional construction documents to be prepared by a licensed professional. If the project is simple and reviewing construction documents is not necessary to obtain compliance with the code, the competent body may simplify the number and type of documents required. 4.2. Information on Construction Documents. Construction documents shall clearly show the location, nature, and extent of the work proposed and show in detail that it will comply with the provisions of the Code and related laws, regulations and administrative instructions. 4.3. Manufacturers Installation Instructions. Manufacturers installation instructions shall be available at the job site at the time of inspections. V. CONSTRUCTION DIARY AND CONSTRUCTION BOOK 5. 5.1. The contents of the construction diary and construction books are set forth by the Ministry in a sublegal act. The construction diary and construction book shall be kept at the job site and made available for inspection if requested by the competent body or its designated inspector. VI. INSPECTIONS 6. 6.1. Scope of Inspection Supervision. Inspection supervision involves inspection of construction works to determine compliance with construction documents and this Code. Inspection supervision involves periodic checks only. It does not substitute for the applicants own daily control of the construction works, nor does it relieve the applicant or the projects design and construction professionals of the duty to ensure that the construction works are designed and built competently and are fully compliant with this Code and all relevant laws and regulations. 6.2. Inspection Phases. The competent body, upon notification of the applicant, shall make or cause to 4.4. Amended Construction Documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

Unified Construction Code of Republic of Kosovo Section 1 Administrative/Legal Chapter I - Administration be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the applicant if the construction fails to comply with the Code. Inspections shall be carried out during the following phases of construction: 6.2.1. Foundation Inspection (Pre-Pour). Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms are erected and any required reinforcing steel is in place and supported prior to pouring the concrete. The foundation inspection shall include sewer and drain lines, footings, foundation walls, surface preparation, vapor barrier, lot contour and grading, verification of material below foundation, depth of excavation, and use of proper material under foundation. 6.2.2. Structural Inspection. Inspection of structural elements, depending on the type of construction, as follows: 6.2.2.1. Concrete structures 6.2.2.1.1. Pre pour inspections for every structural element, including: formwork for alignment and dimensions and their surface condition, reinforcement for installation according to design, splices and their condition (rust, paint), concrete joint surfaces. 6.1.2.1.2. Concrete placement inspection, verifying use of required concrete class, that samples are being tested, QA/QC measures are being taken, and special protection is made for cold and hot weather. 6.1.2.1.3. Post concrete inspection to verify appropriate curing, form in place for a specified period of time, etc. 6.2.2.2. Masonry Structures - Inspection of site prepared mortar, placement of masonry units and mortar joints according to design, placement of reinforcement, size of main structural elements, anchorage of masonry to other structural members, and protection of masonry during cold and hot weather. 6.2.2.3. Steel structures Material verification of structural steel; verification of bolts, nuts, washers, inspection of bolting; verification of filler materials and inspection and testing of welding; inspection of steel joint details for compliance with design. 6.2.2.4. Timber verification of verification of timber frame, framing prior to structures - Material structural timber, joints, erection of verification of roof covering.

6.2.3. Installations Inspection. Inspection of electrical wiring, plumbing, ducts and roof shall be made before covering or concealment and before fixtures or appliances are set or installed. 6.2.4. Fire Safety Inspection. Inspection to determine compliance with fire safety requirements shall be made when all fire safety requirements and installations are in place. 6.2.5. Final inspection. Final inspection shall be made after the construction work is completed and prior to occupancy. 6.2.6. Other inspections. In addition to the inspections listed above, the competent body may make or require other inspections as the project requires confirming compliance with this Code or other laws.

Unified Construction Code of Republic of Kosovo Section 1 Administrative/Legal Chapter I - Administration 6.2.7. Review of Permit, Construction Book and Construction Diary. In addition to the technical review, inspectors shall also confirm that the construction is in accordance with the construction permit and shall check the construction book and construction diary to confirm that materials have been inspected by the construction permit possessor for compliance with the Code and relevant SK EN standard. 6.3. Inspection requests. The applicant or its agent has the duty of notifying the competent body that the work is ready for inspection. It is the duty of the person requesting inspection to provide access to and means for inspection of the work. 6.4. Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining inspection approval. If the construction work is satisfactorily completed, the inspector shall issue a report and sign the inspection card indicating that the project has passed that stage of the inspection. If the work is not compliant with the Code and fails to pass inspection, the inspector shall issue a report noting the noncompliance. Any portions of the construction works that do not pass inspection shall be remedied and such portion shall not be covered or concealed until authorized by the inspector. 6.5. Cultural Heritage. Construction works involving cultural heritage sites also must comply with inspections required by the Law on Cultural Heritage and related sublegal acts. VII. OCCUPANCY CERTIFICATE 7. 7.1. Use and Occupancy. For all construction works that require a construction permit, an occupancy certificate shall be obtained in accordance with the Law on Construction before the construction works may be occupied. Issuance of an occupancy certificate shall not be construed as an approval of a violation of this Code or of other laws or regulations. Certificates presuming to give authority to violate or cancel the provisions of this Code or other laws or regulations shall not be valid. 7.2. Application for Certificate. Requirements for issuance of an occupancy certificate are set forth in the Law on Construction, Chapter VIII. 7.3. Contents of Certificate. The occupancy certificate shall contain the following: 7.3.1. The permit tracking number; 7.3.2. The address of the structure, or other locating information; 7.3.3. The name and address of the owner; 7.3.4. A description of the construction works for which the certificate is issued; 7.3.5. A statement that the described structure has been inspected for compliance with the requirements of this Code; 7.3.6. The name of the official of the competent body issuing the certificate; 7.3.7. The version of the Code under which the permit was issued; 7.3.8. Any special requirements or conditions of the building permit. 7.4. Temporary Occupancy Certificates for Construction Works with Independently Functioning Parts. Competent bodies are authorized to issue temporary certificates of occupancy before the completion of the entire work covered by the construction permit

Unified Construction Code of Republic of Kosovo Section 1 Administrative/Legal Chapter I - Administration for construction works with independently functioning parts. The temporary occupancy certificate can be issued for the independently functioning part if such part can be occupied safely. The competent body shall set a time period during which the temporary occupancy certificate is valid. A final occupancy certificate is issued upon completion of the entire project, in compliance with the procedures for issuing occupancy certificates. 7.5. Revocation. The competent body shall, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this Code whenever the certificate is issued in error, or on the basis of incorrect information, or if it is determined that the building or structure or any part thereof is in violation of law or this Code. VIII. PERMITS DEEMED ISSUED BY OPERATION OF LAW (SILENCE IS CONSENT) 8. 8.1. Applicants, designers and construction professionals are responsible for complying with all provisions of this Code, laws, regulations and terms of construction even when constructing construction works under a permit that has been deemed to be issued because the competent body did not issue a decision within the time frame required by law. This includes, but is not limited to, the duty to comply with inspections and provisions requiring an occupancy certificate. 9.1. Connection of utilities. No person shall make connections from a public utility network to any building regulated by this Code for which a permit is required until approved by the utility provider. 9.2. Temporary connections. The utility provider shall have the authority to authorize and approve the temporary connection of the building or system to the utility. 9.3. Authority to disconnect utilities. The utility provider shall have the authority to authorize disconnection of utility service to the building, system or structure regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the required approval. The official of the competent body shall notify the serving utility and whenever possible the owner and occupant of the structure of the decision to disconnect prior to taking such action or, if not possible, notification shall be made in writing as soon as practical after disconnection. X. VIOLATIONS 10. 10.1. Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building or structure regulated by this Code, or cause the same to be done, in conflict or in violation of any of the provisions of this Code. 10.2. Notice of violation. The competent body is authorized to serve a notice of violation or order on the person responsible for the

IX. UTILITIES 9.

Unified Construction Code of Republic of Kosovo Section 1 Administrative/Legal Chapter I - Administration erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this Code, or in violation of construction documents, or in violation of a construction permit or occupancy certificate issued in accordance with this Code. 10.3. Prosecution of violation. If the notice of violation is not complied with in the time prescribed by the notice, the competent body is authorized to pursue legal proceedings to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of this Code or of the order or direction made pursuant thereto. 10.4. Violation penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or direction of the competent body, or of a construction permit or occupancy certificate issued in accordance with this Code, shall be subject to penalties as prescribed by law.

XI. STOP WORK ORDER 11. 11.1. Notice to owner. Upon notice from the competent body that work on any building or structure is being prosecuted contrary to the provisions of this Code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property, or to the applicant, or to the person doing the work and shall state the conditions under which work will be permitted to resume. 11.2. Unlawful continuance. Any person who continues any work after being served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.