Red Tag 101
Understanding red tags, stop work orders, and how to navigate the complex world of building code compliance.
What is a Red Tag?
A red tag (or stop work order) is an official notice issued by a building department or inspector that requires all construction work to cease immediately. It indicates that some aspect of the project violates building codes, zoning regulations, or was done without proper permits.
Red tags are serious matters that can significantly delay your project, increase costs, and potentially lead to fines or legal issues if not properly addressed.
Common Reasons for Red Tags
Working Without Permits
One of the most common reasons for red tags. Any significant construction work typically requires proper permits from local authorities.
Code Violations
Work that doesn't meet building codes for safety, structural integrity, electrical systems, plumbing, or fire protection.
Deviating from Approved Plans
Making significant changes to your project that weren't included in the plans approved by the building department.
Zoning Violations
Construction that violates local zoning laws regarding property use, setbacks, height restrictions, or other regulations.
Important Note
Ignoring a red tag or continuing work after receiving one can result in significant fines, legal action, and may even require demolition and removal of unauthorized work. Always address red tags promptly and properly.
The Red Tag Resolution Process
Resolving a red tag requires a systematic approach and often involves multiple steps and stakeholders. Here's an overview of the typical resolution process:
Stop All Work
Once a red tag is issued, all construction work must cease immediately. Continuing work can result in additional penalties.
Understand the Violation
Review the red tag notice carefully to understand exactly what violations have been cited. If anything is unclear, contact the building department for clarification.
Develop a Correction Plan
Create a detailed plan to address all cited violations. This may involve obtaining permits, revising plans, hiring licensed professionals, or making structural corrections.
Submit Documentation
Apply for necessary permits, submit revised plans, and provide any other documentation required by the building department.
Make Corrections
Once your correction plan is approved, implement all necessary changes to bring the project into compliance with building codes and regulations.
Request Inspection
After corrections are made, schedule an inspection with the building department to verify compliance.
Receive Clearance
If the inspection confirms all violations have been corrected, the red tag will be removed, and you'll receive clearance to continue work.
Frequently Asked Questions
Common questions about red tags and the resolution process.
Can I appeal a red tag?
Yes, most jurisdictions have an appeals process if you believe the red tag was issued in error. However, appeals must typically be filed within a specific timeframe and should be based on substantive grounds. Consult with a professional before pursuing an appeal.
How much will it cost to resolve a red tag?
Costs vary widely depending on the nature and severity of the violation. Expenses may include permit fees, professional services (architects, engineers), contractor costs for corrections, and possibly fines. A minor violation might cost a few thousand dollars to resolve, while major structural issues could cost substantially more.
Will my insurance cover red tag resolution costs?
Most homeowner's insurance policies do not cover costs associated with code violations or unpermitted work. However, if the red tag resulted from damage caused by a covered peril (like a fire or storm), some aspects might be covered. Review your policy or consult with your insurance agent.
What if I bought a property with existing red tags?
When you purchase a property, you typically inherit any existing code violations or red tags. This is why it's crucial to conduct thorough due diligence before purchasing, including checking for open permits and violations. If you've already purchased a property with a red tag, you'll need to address it even if the violations occurred under previous ownership.
Can I do the correction work myself?
It depends on the nature of the violation and local regulations. Some jurisdictions allow homeowners to perform certain types of work on their own properties. However, complex issues like structural, electrical, or plumbing corrections often require licensed professionals. Additionally, all work will need to be inspected and approved by the building department.
Building Code Glossary
Key terms to understand when dealing with building codes and red tags.
Building Code
A set of rules that specify the minimum standards for constructed objects such as buildings and non-building structures. The main purpose is to protect public health, safety and general welfare.
Stop Work Order (Red Tag)
An official notice issued by a building official that requires all construction work to cease immediately due to code violations or lack of proper permits.
Building Permit
Official approval issued by a local government agency that allows you to proceed with a construction or remodeling project on your property.
Certificate of Occupancy
A document issued by a local government agency that certifies a building is in compliance with applicable building codes and other laws, and is safe for occupancy.
Variance
A request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a way that is ordinarily not permitted by the zoning ordinance.
Setback
The minimum distance which a building or other structure must be set back from a street, road, or natural feature like a stream or wetland.
As-Built Drawings
Revised set of drawings submitted by a contractor upon completion of a project. They reflect all changes made during the construction process.
Inspection
An official examination of a construction project at various stages to ensure it complies with approved plans and building codes.