Basic Assumption

[bysb33]

Difference of opinion. I regard doing the right thing as enforcing the code. You apparently regard doing the right thing as exceeding your statutory authority. Ultimately, you gotta do you, and I gotta do me.

Suppose some BO's "do the right thing" extra-code requirement costs more than "just" meeting the code. Building codes are intended to establish the optimum balance between public safety and reasonable cost. When you tell an owner that he/she/they have to do more than what the code requires, you are making them spend more money than what the law requires.

I don't know how you can justify doing that, but I guess it's okay in your mind.

Doesn't the ICC actually say, the code is the minimum requirement? Knowing it is the minimum requirement why would a BO require more? It is illegal.

 

[bysb33]

This should be obvious.

The building official's role is to interpolate and enforce the formally adopted building code. The building official interprets the building code but is limited in his interpretations. Interpolations must be consistent with the adopted code,

The building official does not have the authority to adopt or modify the building code.

The building official’s interpretations cannot have the effect of imposing new requirements not in the building code adopted by the legislative body.

Well said. Does anyone know of a group of retired building officials who are credentialed by the ICC? It would be ideal if they were located in the State of Idaho.

 

[bysb33]

Do you know of a group of Retired Building Officials that is ICC certified or was certified in the past? Located in the Great State of Idaho? An expert in Chapter One 'Scope and Administration' of the IRC? If yes, a link or contact information is greatly appreciated. I really appreciate any help you can provide.

 

[bysb33]

Doesn't the ICC actually say, the code is the minimum requirement? Knowing it is the minimum requirement why would a BO require more? It is illegal.

Yes, of course, a judgment call. However, if it means breaking the law, it still is breaking the law and fines, loss of employment, and jail time. Your judgment or my judgment isn't the law. I am right there with you regarding judgment calls, but not in the building code. The building code isn't arbitrary. Change the actual building code law. Now, if someone were hurting my child, I would use my teeth, fingernails, knife, etc., to try and stop them and protect my child; however, I also realize there will be consequences.