Design Challenges with Local Code Variations [POLL]

[jar546]

In the complex world of building design and engineering, adapting to various local building codes is a task that often presents significant challenges. This poll seeks to understand how architects and engineers perceive and manage these challenges.

The intricacies of local codes can vary dramatically from one jurisdiction to another, impacting everything from structural requirements to energy efficiency standards. For professionals who work across different regions, this can mean navigating a labyrinth of regulations, which may be time-consuming and demanding. Conversely, for those who operate within a single code jurisdiction, these challenges might be minimal or non-existent.

This poll aims to gauge the extent to which local code variations affect your workflow and project planning. Your response will help us identify common pain points and explore ways to streamline the adaptation process in diverse regulatory environments.

Whether you find adapting to these variations a manageable part of your work or a significant hurdle, your insights are invaluable in understanding the broader impact of local code diversity on the architectural and engineering fields.

 

[Yankee Chronicler]

When I was working as an architect, this was an area we had to be aware of but it rarely caused major problems. BUT ... I'm in a state that adopts the building and fire codes on a statewide basis, and doesn't allow local amendments. The legislature wisely (for once) recognized that we are too small a state to have any municipality change the rules to suit their whims. So in my experience, the issue arose when we had a project in another state. We addressed it head-on, by just buying the code books whenever we got a project in another state.

Today, we might just subscribe to UpCodes or the ICC top tier of on-line access. Being a dinosuar, I still prefer printed books, but I suspect I'm in a minority in that view.

 

[Jay Smith]

I would rate even just the differences between jurisdictions around the Dallas/Fort Worth area as very challenging.

 

[Yankee Chronicler]

I would rate even just the differences between jurisdictions around the Dallas/Fort Worth area as very challenging.

That's why our state set it up so that local jurisdictions aren't allowed to change the code. There was a period of about 10 or 15 years when some of them then tried to sneak building code things into their zoning codes, but the courts have pretty much put a stop to that.

Our state also amended Chapter 1 to remove the authority of local building officials to grant modifications. If we allowed that, in short order our "uniform" state building code would have become 175 local codes, by executive fiat. Modifications in this state are granted only by the state, upon written application.

Of course, there's still the line that has to be drawn between "interpretation" and "enforcement." The intent of the legislature has been, since we first made the state code mandatory in 1970, that the code would apply equally everywhere in the state. Along with modifications, the legislature also reserved the authority to "interpret" the code to the state. But local officials still go their own way, and their argument is that they aren't "interpreting," they are only "enforcing." Back when we still had live in-service training, I can remember a former state building inspector saying on multiple occasions, "Remember, we only have two building codes in this state. One applies everywhere, except for the one in [municipality]. And Fred, when you get sued over that crap, remember that when I'm called as a witness I won't be able to support you."

That building official was fired a few years later. Too many lawsuits, and the town he worked for got tired of defending him.

 

[Mark K]

One might ask do the local variations from one of the model codes really impact life safety. In other word do they really have an impact?

 

[Yankee Chronicler]

One might ask do the local variations from one of the model codes really impact life safety. In other word do they really have an impact?

As usual, the answer is "It depends."

If a local amendment relaxes a requirement from the model code (less strict), then someone who designs that element to the national code will not be affected. However, if a local amendment makes something more restrictive, then someone who designs to the model code will have an unhappy surprise at plan review time.

My state's amendments to the ICC model codes go both ways. Some elements we have relaxed the model standards, while we make other requirements stricter. The result is that out-of-state architects working on projects here really need to do their homework.

 

[Mark K]

As usual, the answer is "It depends."

If a local amendment relaxes a requirement from the model code (less strict), then someone who designs that element to the national code will not be affected. However, if a local amendment makes something more restrictive, then someone who designs to the model code will have an unhappy surprise at plan review time.

My state's amendments to the ICC model codes go both ways. Some elements we have relaxed the model standards, while we make other requirements stricter. The result is that out-of-state architects working on projects here really need to do their homework.

But to what extent do local modifications really improve the safety of the buildings.

California addresses these issues by adopting a state code that applies to all buildings but local jurisdictions can modify under limited circumstances

 

[Yankee Chronicler]

But to what extent do local modifications really improve the safety of the buildings.

Who knows? The reasons why jurisdictions amend the model code are legion. Sometimes they decide to relax a code provision because they think it will make construction cheaper for their constituents and they believe their relaxed version is safe enough. Sometimes they think their idea is more safe, but they couldn't get it through the ICC code change process so they just adopt it locally. Is it really safer? Who knows?

Sometimes they change it just for the sake of changing it.

 

[Paul Sweet]

I do all my work in Virginia, which has a statewide building code. However, some jurisdictions enFORCE the letter of the code as strictly as possible, while some others evaluate whether something meets the intent of the code.

 

[Mark K]

I do all my work in Virginia, which has a statewide building code. However, some jurisdictions enFORCE the letter of the code as strictly as possible, while some others evaluate whether something meets the intent of the code.

Design professionals still strive to comply with the adopted code even if it is not being enforced by the jurisdiction, because of potential civil liability. If they are sued because of a problem with the building these non compliances with the code may be used to establish "negligence per say" making the design professional liable.

 

[jar546]

Design professionals still strive to comply with the adopted code even if it is not being enforced by the jurisdiction, because of potential civil liability. If they are sued because of a problem with the building these non compliances with the code may be used to establish "negligence per say" making the design professional liable.

Yes, and this is the problem with poor, lazy, or complacent enforcement. Codes are rather black and white with less gray area than we tend to believe. Intent certainly comes into play in some instances, but for the most part the code is the code. No matter where I work I come across this subject all of the time. Just because some municipalities choose not to enforce the code or try to make something gray that is clearly black and white does not mean that it is OK. As Mark K pointed out, design professionals and contractors should always strive to comply with adopted codes regardless of whether not not it is properly enforced. What I am hearing is that because some jurisdictions have poor code adherence standards, it is OK to not comply with codes simply because you can get away with it when you clearly know it is wrong. This is a problem.

 

[Mr. Inspector]

One might ask do the local variations from one of the model codes really impact life safety. In other word do they really have an impact?

It depends. I work in two jurisdictions that requires a permit and inspections for any electrical, plumbing, and mechanical work in existing one or two family dwellings while the state code does not require any permit or inspections for this work at all for existing one or two family dwellings. I think this makes a big difference in safety and work for the architect.
Another jurisdiction requires cast iron pipes only for drains. I think this makes no difference in safety or no more work for the architect.

 

[Jay Smith]

Where I see it being very challenging is when a jurisdiction makes a revision or even just an interpretation like:

• Reducing the highrise height threshold to 55 feet
• Requiring an elevator on standby power in a 1-story parking basement because it is below a 5-story building
• Requiring all fire wall openings to have standpipes
• Requiring all fire wall openings to be treated as horizontal exits
• Deleting the sprinkler exception for draftstopping
• Requiring a 2-hour corridor into courtyards of apartment buildings
• Requiring a 2-hour wall in the apartment building against the concrete parking garage with concrete walls
• Requiring pressurization and a vestibule in a highrise stairway
• Requiring sprinklers in an open parking garage unless at least two sides can be accessed by fire department vehicles

None of these are unreasonable requirements, but they’re all real examples, often challenging or at least time consuming. These are mostly enforced somewhere within 30 miles of downtown Dallas, although a couple are farther away.

 

[Mark K]

I would suggest that in California most of those modifications would not be compatible with the statutes authorizing local modifications.

Where the State has adopted a building code we need to establish the legality of the local modifications. I might suggest that since building codes are a prerogative of the state then for local jurisdictions to adopt a building code the state must first have recognized that the local jurisdiction has that authority.

Second is how does the design professional, especially those who work in multiple jurisdictions, know what the local modifications/code is. In California all local modifications must be filed with the California Building Standards Commission.