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The Inconsistencies of Building Code Enforcement Across Jurisdictions

Every building official and inspector has heard it: "Why are you the only jurisdiction that makes us do that?" or "I just did the same thing on other projects outside your jurisdiction, and it passed inspection." These statements reveal a deeper issue than mere differences in interpretation—they expose a widespread failure of some jurisdictions to enforce even the minimum standards of the building codes. Whether by choice or ignorance, this lack of enforcement undermines the integrity of the entire system and creates significant challenges for those who uphold their responsibilities.

This isn’t about gray areas or subjective interpretations of ambiguous code sections; it’s about jurisdictions that simply don’t enforce the code. The reasons vary. Some lack properly trained staff who understand the codes. Others actively choose not to enforce certain provisions, either to avoid conflict with contractors or to foster a more "developer-friendly" reputation. Regardless of the motive, the result is the same: jurisdictions that enforce the minimum standards as written are painted as the bad guys, while contractors flock to areas where enforcement is lax, further perpetuating the problem.

The frustration is real for those of us who take our jobs seriously. Building officials enforcing the minimum standards are not doing so to create barriers; we’re doing it because those standards exist to protect public health, safety, and welfare. When neighboring jurisdictions don’t enforce those same standards, it creates a perception that we’re overstepping or being unreasonable. In reality, we’re just doing our jobs.

The issue also highlights a gap in contractor education and training. Many contractors learn about codes the hard way—by failing inspections. While that might be an effective way to teach someone a lesson, it’s not a sustainable solution for improving the industry. Better education and training could help contractors understand why codes exist and how they should be applied. Unfortunately, many contractors see codes as hurdles to clear rather than as guidelines to ensure safety and quality. This mindset only exacerbates the problem when they encounter varying levels of enforcement from one jurisdiction to another.

Some states have implemented centralized binding and non-binding interpretation procedures to promote consistency, but these efforts only address part of the issue. Interpretation isn’t the core problem here—enforcement is. A jurisdiction that chooses to ignore certain provisions of the code, whether out of ignorance or deliberate policy, undermines the very foundation of building safety. It also erodes trust in the system as a whole. If contractors can shop around for lenient jurisdictions, it incentivizes noncompliance and penalizes those who follow the rules.

The solution isn’t simple, but it starts with accountability. Jurisdictions must be held to the same standards they expect of contractors and developers. That means ensuring building departments are properly staffed, adequately trained, and held responsible for enforcing the code as written. It also means advocating for statewide consistency in enforcement, not just interpretation. While interpretations can clarify ambiguities, they can’t fix jurisdictions that refuse to enforce the basics.

At the same time, the construction industry needs to prioritize education. Contractors who understand the codes and their intent are less likely to rely on jurisdictional loopholes or complain about "that one jurisdiction" enforcing the rules. Codes exist for a reason, and contractors who embrace them as part of the process—not as an obstacle—are better equipped to deliver quality work.

In the end, inconsistent enforcement harms everyone—contractors, building officials, and the public. Those of us trying to uphold the minimum standards shouldn’t be vilified for doing so. Instead, the focus should be on raising the bar for enforcement across the board. If every jurisdiction enforced the code as it’s written, those frustrating "why are you the only ones?" questions would disappear, and the industry as a whole would be better for it.
 
My answer to no one else make me do that. "I cannot speak to what is required or allowed in other jurisdictions, I can show you the written code requirement that I am enforcing."

It is a problem with the quality, education, resources and other BO have and unfortunate that there is inconsistent enforce of the code across multiple jurisdictions that are using the same code.

At a recent meeting of over 30 BO the disparity of interpretation of the code was appearing, the topic was the Massachusetts energy code in 4 flavors, (code path depending on some local adoptions) allow by the DOER who was told the code that they had written was full issues including practicality, payback, overreach and in some cases done right silly. After asking for months for concise guidance from DOER we have not receive anything of value, we all went away frustrated. So in this case the problem is the code not the inspectors.

Is the issue the contractors, as the dissertation the JAR posed about contractors blaming the BO for their mistakes and lack of knowledge code requirements? or is the issue the lack of resources that a jurisdiction provided to the BO and inspectional service, in time, for training, money for books and attend classes, , manpower or the administrations -politicians lack of spine and calling on BO to let it go because of customer complaint?
 
Is the issue the contractors, as the dissertation the JAR posed about contractors blaming the BO for their mistakes and lack of knowledge code requirements? or is the issue the lack of resources that a jurisdiction provided to the BO and inspectional service, in time, for training, money for books and attend classes, , manpower or the administrations -politicians lack of spine and calling on BO to let it go because of customer complaint?
I blame everyone. Within one county in California, there's one jurisdiction that simply doesn't care unless they get a call about an issue / they approve things without looking at what they're inspecting (not a joke, this happens constantly), a second that's "strict" and actually enforces code fairly well (I love working with this one), a third that has on more than one occasions called for plan changes / failed inspections for no reason (nothing in code to support their direction - they've admitted this after the fact multiple times), another that bends to pressure from the public on even relatively small things, another where the BO has basically no basic knowledge of building code unless it relates to MEP stuff, and another where how well the contractor / designer / architect is connected directly correlates with how easy the project will proceed through the city. All that within a 20 mile radius.

What's odd is it's the cities with the highest budgets that don't seem to care much while the ones struggling financially that enforce the code well. Maybe that's just a "here" thing though.

I've worked with contractors who, being as nice as possible, don't know what they're doing and think they know better than anyone else. I've talked to plan reviewers who don't know what sections of code apply to certain projects. I've worked with other designers and architects with years of experience who haven't opened a code book in who knows how long and don't know what "municipal codes" or "ordinances" are (I'm sitting next to one as I type this).

Everyone is to blame to some degree. It just depends on where you work / where the project is.
 
I will never
Every building official and inspector has heard it: "Why are you the only jurisdiction that makes us do that?" or "I just did the same thing on other projects outside your jurisdiction, and it passed inspection."
I will never use those statements to try and prove I'm right. But if it is true that only one jurisdiction requires something, it will flag my attention to dig deeper into the issue: ask the inspector to give a specific code citation, check for local building code modifications, read the code commentary, ask for an interpretation from the state architect or state fire marshal, etc.

Some examples:
1. Years ago the City of LA issued an interpretation (not a code modification) that residential window sills above the first floor needed to function as a 42" guard or provide an additional 42" guard, not a 36" guard.
2. A fire official insisted that EEROs required a minimum ladder space measured per NFPA 1932. The Sate Fire Marshal clarified that neither the building code nor the fire code required a specific minimum dimension for ladder placement. The fire official had relocated from another part of the state where they had incorrectly applied this for years, so it never got caught until they moved to a new jurisdiction.
Neither of these outcomes were based on inconsistent code enforcement across jurisdictions. They were based on misunderstandings.

Saying "City X doesn't require it" is not proof of code compliance, but it is a signal to do more research.
 
I blame everyone. Within one county in California, there's one jurisdiction that simply doesn't care unless they get a call about an issue / they approve things without looking at what they're inspecting (not a joke, this happens constantly), a second that's "strict" and actually enforces code fairly well (I love working with this one), a third that has on more than one occasions called for plan changes / failed inspections for no reason (nothing in code to support their direction - they've admitted this after the fact multiple times), another that bends to pressure from the public on even relatively small things, another where the BO has basically no basic knowledge of building code unless it relates to MEP stuff, and another where how well the contractor / designer / architect is connected directly correlates with how easy the project will proceed through the city. All that within a 20 mile radius.

What's odd is it's the cities with the highest budgets that don't seem to care much while the ones struggling financially that enforce the code well. Maybe that's just a "here" thing though.

I've worked with contractors who, being as nice as possible, don't know what they're doing and think they know better than anyone else. I've talked to plan reviewers who don't know what sections of code apply to certain projects. I've worked with other designers and architects with years of experience who haven't opened a code book in who knows how long and don't know what "municipal codes" or "ordinances" are (I'm sitting next to one as I type this).

Everyone is to blame to some degree. It just depends on where you work / where the project is.
Wow, I wonder if we live in the same county, you basically described my situation exactly...
 
Every building official and inspector has heard it: "Why are you the only jurisdiction that makes us do that?" or "I just did the same thing on other projects outside your jurisdiction, and it passed inspection." These statements reveal a deeper issue than mere differences in interpretation—they expose a widespread failure of some jurisdictions to enforce even the minimum standards of the building codes. Whether by choice or ignorance, this lack of enforcement undermines the integrity of the entire system and creates significant challenges for those who uphold their responsibilities.

This isn’t about gray areas or subjective interpretations of ambiguous code sections; it’s about jurisdictions that simply don’t enforce the code. The reasons vary. Some lack properly trained staff who understand the codes. Others actively choose not to enforce certain provisions, either to avoid conflict with contractors or to foster a more "developer-friendly" reputation. Regardless of the motive, the result is the same: jurisdictions that enforce the minimum standards as written are painted as the bad guys, while contractors flock to areas where enforcement is lax, further perpetuating the problem.

I worked for 5 years in a municipality where we heard probably at least once a month "They don't make me do this in [__adjoining municipality__]." I've been in my current position (on the other side of the same municipality) and we now hear "They don't make me do this in [__adjoining municipality__] at least weekly. In the current position, it's not just the one nearby municipality, it's often "They don't make me do that in any other town around here." Unfortunately for the contractors who claim that, my boss knows most of the surrounding building officials and her periodically calls them up to ask. The usual answer is, "Yeah, we certainly DO make them do that."

The frustration is real for those of us who take our jobs seriously. Building officials enforcing the minimum standards are not doing so to create barriers; we’re doing it because those standards exist to protect public health, safety, and welfare. When neighboring jurisdictions don’t enforce those same standards, it creates a perception that we’re overstepping or being unreasonable. In reality, we’re just doing our jobs.

True -- and, with a new administration is town, this may cost me my job because the new town manager sees me as a problem. Of course, the new town manager sees everything about the building department as being a problem. He has literally asked why we do plan reviews. He wants us to just rubber stamp everything and then fix al issues in the field. Never mind that in 3-1/2 years of doing the commercial plan reviews I don't think I've sen one project that could be approved on the first submission. I had one go through six revisions, and several others have gone through three or four rounds of revision.

The issue also highlights a gap in contractor education and training. Many contractors learn about codes the hard way—by failing inspections. While that might be an effective way to teach someone a lesson, it’s not a sustainable solution for improving the industry. Better education and training could help contractors understand why codes exist and how they should be applied. Unfortunately, many contractors see codes as hurdles to clear rather than as guidelines to ensure safety and quality. This mindset only exacerbates the problem when they encounter varying levels of enforcement from one jurisdiction to another.

Not just contractors. You have commented elsewhere about architects using building departments as their quality control departments. There's a lot of truth to that. There are a LOT of architects out there today who have no idea how to design a building to code. A lot of the "construction documents" we receive for permit are barely up to the level of being schematic design drawings but, when we reject them, you acn hear the screams from Maine to california.

Some states have implemented centralized binding and non-binding interpretation procedures to promote consistency, but these efforts only address part of the issue. Interpretation isn’t the core problem here—enforcement is. A jurisdiction that chooses to ignore certain provisions of the code, whether out of ignorance or deliberate policy, undermines the very foundation of building safety. It also erodes trust in the system as a whole. If contractors can shop around for lenient jurisdictions, it incentivizes noncompliance and penalizes those who follow the rules.

True.

The solution isn’t simple, but it starts with accountability. Jurisdictions must be held to the same standards they expect of contractors and developers. That means ensuring building departments are properly staffed, adequately trained, and held responsible for enforcing the code as written. It also means advocating for statewide consistency in enforcement, not just interpretation. While interpretations can clarify ambiguities, they can’t fix jurisdictions that refuse to enforce the basics.

At the same time, the construction industry needs to prioritize education. Contractors who understand the codes and their intent are less likely to rely on jurisdictional loopholes or complain about "that one jurisdiction" enforcing the rules. Codes exist for a reason, and contractors who embrace them as part of the process—not as an obstacle—are better equipped to deliver quality work.

I wish I had your optimistic view of contractors. A year-plus ago, our electrical inspector came in from his morning inspections practically foaming at the mouth. He had cited something on a job, and the electrician dong the work argued with him. The electrician pulled a roll or papers out of his pocket and showed our inspector. It was a list this dude's company had put together tabulating which towns enforce which parts of the NEC. This dweeb actually argues that because this list said our town didn't enforce some provision, he didn't have to follow it. It takes a truly sleazy contractor to tabulate which sections of the code you can willfully violate just because you think that inspector isn't going to check [___].

In the end, inconsistent enforcement harms everyone—contractors, building officials, and the public. Those of us trying to uphold the minimum standards shouldn’t be vilified for doing so. Instead, the focus should be on raising the bar for enforcement across the board. If every jurisdiction enforced the code as it’s written, those frustrating "why are you the only ones?" questions would disappear, and the industry as a whole would be better for it.

Agreed.
 
All inspections are a representative sampling of the work being done at a specific date and time. Do we inspect for every code requirement? No, that would be impossible. Am I aware of code requirements not being met? Yes, are they an imminent threat to property or to the health, safety, or welfare of any person? No, Example: All of the mandatory sealing requirements for a house required by the energy code we do not look for during our inspections. Every blower door test for houses are coming in at 2.75 to 3.25 ACH, maximum allowed by the state is 4 ACH.
Is the house code compliant with as amended by the state? IMHO Yes.

R402.4 Air leakage (Mandatory).
The building thermal envelope shall be constructed to limit air leakage in accordance with the requirements of Sections R402.4.1 through R402.4.5.

How can I do this? The state says I can.

Administrative Rules of Montana
(36) The building official may waive minor building code violations that do not constitute an imminent threat to property or to the health, safety, or welfare of any person.

As for inconsistencies between jurisdictions, being in a rural area there are 2 others within 100 mile radius for residential construction. One within 15 miles and we work closely together for how the codes are applied/interpreted. The other AHJ is 60 miles away and just wants the revenue and rubber stamps the majority of residential projects.
 
Administrative Rules of Montana
(36) The building official may waive minor building code violations that do not constitute an imminent threat to property or to the health, safety, or welfare of any person.
Years ago, as a practicing architect I went to a training seminar on becoming an emergency building inspector in event of the Big Quake hitting so Cal. The seminar was put on by one of the largest cities around. The head of building and safety basically said, now that there are no TV cameras or reporters in here, we can all speak plainly:
We all know there is no building under our jurisdiction that meets all codes. Somewhere, somebody left out one nail vs. the nailing schedule. We only inspect readily visible items for code compliance. You will doubtless come across homes and businesses with code violations. Your goal should not be to kick people out of their house for minor violations, they will have nowhere else to go after the earthquake. Find a way to not red-tag it unless you think collapse is an imminent possibility. And don't tell anyone in the media I said this, they won't understand.
 
All inspections are a representative sampling of the work being done at a specific date and time. Do we inspect for every code requirement? No, that would be impossible. Am I aware of code requirements not being met? Yes, are they an imminent threat to property or to the health, safety, or welfare of any person? No, Example: All of the mandatory sealing requirements for a house required by the energy code we do not look for during our inspections. Every blower door test for houses are coming in at 2.75 to 3.25 ACH, maximum allowed by the state is 4 ACH.
Is the house code compliant with as amended by the state? IMHO Yes.

R402.4 Air leakage (Mandatory).
The building thermal envelope shall be constructed to limit air leakage in accordance with the requirements of Sections R402.4.1 through R402.4.5.

How can I do this? The state says I can.

Administrative Rules of Montana
(36) The building official may waive minor building code violations that do not constitute an imminent threat to property or to the health, safety, or welfare of any person.

As for inconsistencies between jurisdictions, being in a rural area there are 2 others within 100 mile radius for residential construction. One within 15 miles and we work closely together for how the codes are applied/interpreted. The other AHJ is 60 miles away and just wants the revenue and rubber stamps the majority of residential projects.
I understand that not every code requirement can be inspected, but the mindset of looking for reasons not to enforce something is concerning. Sealing provisions are mandatory minimums—not optional. Passing a blower door test may show compliance with the intent, but it doesn’t excuse skipping required steps.

Enforcing these provisions shouldn’t be difficult. More effort seems to go into justifying why something doesn’t need to be enforced than just doing the job and moving on. If you don’t like a code, lobby to change it at the state level. Selective enforcement undermines the system and makes minimum standards meaningless.
 
Years ago, as a practicing architect I went to a training seminar on becoming an emergency building inspector in event of the Big Quake hitting so Cal. The seminar was put on by one of the largest cities around. The head of building and safety basically said, now that there are no TV cameras or reporters in here, we can all speak plainly:
We all know there is no building under our jurisdiction that meets all codes. Somewhere, somebody left out one nail vs. the nailing schedule. We only inspect readily visible items for code compliance. You will doubtless come across homes and businesses with code violations. Your goal should not be to kick people out of their house for minor violations, they will have nowhere else to go after the earthquake. Find a way to not red-tag it unless you think collapse is an imminent possibility. And don't tell anyone in the media I said this, they won't understand.
There is a difference between post-disaster inspections and regulated code inspections during construction. I understand the point you are trying to make, however.
 
As a designer I can only affirm there is inconsistent enforcement between jurisdictions. All too often I'll have to tell a client that they can't have it like their neighbor school has it because it not compliant with the code. Accessibility is at the top of these. So please figure out a way to all enforce the same code similarly.
 
As a designer I can only affirm there is inconsistent enforcement between jurisdictions. All too often I'll have to tell a client that they can't have it like their neighbor school has it because it not compliant with the code. Accessibility is at the top of these. So please figure out a way to all enforce the same code similarly.

Both the code itself and case law precedent holds that failure of a code official to enforce a provision (or multiple provisions) of the code does not excuse a building owner from complying with the code. This is where too many deign professionals are playing Russian roulette -- they seem to think that if a code offiial doesn't cite them for a non-compliant design, it's okay.

It's NOT okay. The owner will still be liable if anything happens, if anyone is injured in the building, if anyone is killed in the building, or if anyone is denied accessibility in the building. If the owner is found to be liable, guess who the owner is going to sue? There's no excuse for code officials not doing their job, but IMHO (as both a building official and a licensed architect) there is also no excuse for a design professional not designing to code irrespective of whether or not the plan reviewer or building inspector is going to catch it.
 
I was able to get contractors to almost entirely stop the "they don't make me do that in ___". I started calling the other jurisdictions on speakerphone right in front of the contractors. Most of the time, the contractor was full of BS (they had been made to do it in the other jurisdiction). Sometimes the other building official learned they needed to look more closely at something. Sometimes I learned something. Sometimes the contractor learned why it was acceptable in the other build, but not in this one.

Close to the end of my inspection career, the only time a contractor said that was when they actually wanted to get to the bottom of why they didn't need to do it in one building and did in another.

In my experience, contractors just want consistency.
 
It was a list this dude's company had put together tabulating which towns enforce which parts of the NEC.
That is more prevalent than you might realize. The list can be distilled down to the inspector. I have first hand knowledge and I am on a few lists. Solar companies do that a lot.
 
Within one county in California
After I retired from LA County I went to work for a 3rd party outfit as a replacement inspector when someone was out or the jurisdiction needed extra help. Oh my what a mess it is. In some cases it would be better to not bother sending that inspector. I wrote so many corrections that I was sidelined. I went to around ten AHJs in three counties. They were all pretty bad.
 
Yes, but code officials not doing there job make it hard for design professionals to do their part for building safety.

How? If the construction documents are fully code-compliant, then rubber stamping by building officials doesn't result in a non-compliant design.

Likewise, on projects where the architect is retained for construction phase observations, the fact that building inspectors may have overlooked issues doesn't mean the architect of the engineers can't cite deviations from the approved construction documents.
 
How? If the construction documents are fully code-compliant, then rubber stamping by building officials doesn't result in a non-compliant design.

Likewise, on projects where the architect is retained for construction phase observations, the fact that building inspectors may have overlooked issues doesn't mean the architect of the engineers can't cite deviations from the approved construction documents.
Because, as I said above, owners see projects with non code compliant aspects allowed by some building officials, and the designer is seen as the bad guy for complying with code by their client.
 
Because, as I said above, owners see projects with non code compliant aspects allowed by some building officials, and the designer is seen as the bad guy for complying with code by their client.

Then IMHO it becomes the design professional's responsibility to explain to the owner that if something bad happens, it will be the owner who has the ultimate [legal] responsibility for having constructed a code-compliant building. The building official(s) is/are indemnified, because they are only supposed to be one step or one layer in the review process -- and because the code says they are indemnified (unless your jurisdiction removes that language when adopting the model codes).

Frankly, if a client actually wants a design professional to violate the code, it may be time to fire the client.

IBC 2021:

[A] 101.2 Scope. The provisions of this code shall apply to the
construction, alteration, relocation, enlargement, replacement,
repair, equipment, use and occupancy, location, maintenance,
removal and demolition of every building or structure or any
appurtenances connected or attached to such buildings or
structures.

[A] 101.3 Purpose. The purpose of this code is to establish the
minimum requirements to provide a reasonable level of safety,
health and general welfare through structural strength, means
of egress, stability, sanitation, light and ventilation, energy
conservation, and for providing a reasonable level of life safety
and property protection from the hazards of fire, explosion or
dangerous conditions, and to provide a reasonable level of
safety to fire fighters and emergency responders during emergency
operations.

I had an engineer friend (now deceased) whose response to a question such as you propose from an owner was, "The code establishes the minimum legally-acceptable level of safety in a building. Since you would like to do less than the legal minimum, by definition you don't want a safe building. Suppose you put in writing exactly how unsafe you wish your building to be, and we can then assess whether or not to proceed on that basis."

[A] 104.8 Liability. The building official, member of the
board of appeals or employee
charged with the enforcement of
this code, while acting for the jurisdiction in good faith and
without malice in the discharge of the duties required by this
code or other pertinent law or ordinance, shall not thereby be
civilly or criminally rendered liable personally and is hereby
relieved from personal liability for any damage accruing to
persons or property as a result of any act or by reason of an act

or omission in the discharge of official duties.

[A] 105.4 Validity of permit. The issuance or granting of a
permit shall not be construed to be a permit for, or an approval
of, any violation of any of the provisions of this code or of any
other ordinance of the jurisdiction. Permits presuming to give
authority to violate or cancel the provisions of this code or
other ordinances of the jurisdiction shall not be valid. The issuance
of a permit based on construction documents and other
data shall not prevent the building official from requiring the
correction of errors in the construction documents and other
data. The building official is authorized to prevent occupancy
or use of a structure where in violation of this code or of any
other ordinances of this jurisdiction.

Would it be better if all building officials enforced the codes fully and equally? Yes, of course it would. Unfortunately, that doesn't happen. Poor building officials make life much more difficult for good building officials than they do for architects. We constantly get complaints (and Town Hall constantly gets complaints) of the "But they never made me do that in [___]" variety. Our answer is that the code is the minimum standard, and we cited the applicable code section(s). If an architect or building owner disagrees, we can discuss it but if we still believe our understanding and application of the code is correct, the owner has the option of filing an appeal, or applying to the State for a modification.
 
R402.4 Air leakage (Mandatory).
The building thermal envelope shall be constructed to limit air leakage in accordance with the requirements of Sections R402.4.1 through R402.4.5.

How can I do this? The state says I can.

Administrative Rules of Montana
(36) The building official may waive minor building code violations that do not constitute an imminent threat to property or to the health, safety, or welfare of any person.
The inspection in question is mandatory along with the requirement in your state. You can waive a violation, but you can't just ignore it and proactively tell contractors that they don't have to do it and you don't enforce it. At that point you are going out of your way to proactively communicate to contractors that they don't have to comply with something simply because you don't agree with it. There is a difference between waiving a violation and using that authority to ignore code requirements. There is also a difference between not writing a violation because the NM cable staples are more than 12" away from a device box and completely ignoring an energy code that has a mandatory inspection.
 
R402.4 Air leakage (Mandatory).
The building thermal envelope shall be constructed to limit air leakage in accordance with the requirements of Sections R402.4.1 through R402.4.5.
Along with sealing dwellings from any bit of outside air came stringent requirements on VOCs 'Volatile Organic Compounds'. My wife is a super smeller. We have windows open 24/7. She says that the smell of Old Spice deodorant is identical to the embalming fluid used in China. I didn't ask her how she knew that. There's some things that you're better off not knowing.
 
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