ADAguy
Registered User
Another item for spec writers to address but many projects do not have specs and what of contractors responsibility to know and have a copy of the code on site?
I found this:What gives building department authority to enforce Federal regulations?
AGREEthere is no code requirement that there be a copy of the code on the construction site.
Some jurisdictions - or at least one I lived in - specifically directed their building codes department to inspect for and enforce ADA. I don't claim there was wisdom in the village boards voting on this, just saying.I am an engineer who designs buildings not a regulator.
The building department can only enforce those laws that they have the authority to enforce. Unless the feds have delegated enforcement of federal ADA to building departments the department is limited to enforcing the accessibility requirements in the building code. What gives building department authority to enforce Federal regulations?
The IBC cannot give states and local jurisdictions the authority to enforce federal laws. I am not aware that the user notes are part of the adopted law. Further what the notes say is that it is the intent of the IBC to provide provisions that are compatible with the federal law.
My understanding is that the DOJ has taken a position that if the adopted building code complies with certain standards and the project complies with the building code that they will not prosecute the owner for violations of the ADA laws. Think of this as providing a safe harbor. What the building official can do is enforce the building code laws which parallel the Federal laws.
Yes, we too have been advised that pass and fail can hurt feelings. Can't say not approved, approved either. Not exclusive either, many AHJ's have adopted the warm and fuzzy.
Those of you that provide a code section for each correction do so for various reasons. It might be that the AHJ requires that...maybe it's the State you live in....or perhaps you do it as a personal choice. Well whatever the case may be for you, it would be a waste of my time...and a considerable waste at that.
There's at least fifteen million people in southern California and half of them are contractors. Of the 7.5 million contractors there's a dozen code books. They can't understand those code books. What became of inspectors that could be trusted? If I have to tell you that one receptacle in a bedroom isn't enough, do I really have to back that decision up with a code section? Tell ya what, take me to court and I'll come up with a code section. Otherwise, learn what you should already know before you take money from people as you masquerade as a contractor.
The personal choice of many of my fellow conscripts is to avoid writing corrections....maybe they are lazy....perhaps they don't know a correction when they see it. Well whatever the case may be for them, it would drive their numbers even lower if they were required to provide a code section.
As I read this I realize that there are inspectors that write complete total bullshit corrections....I mean it's some of the damnedest stuff you can imagine. Mark K has been dealing with such inspectors for an entire career. I'll give you an example; the inspection was for a final of an ADU. That inspector did all of the inspections from start to finish. A correction was written to replace a kitchen window because it was not tempered. The correction stated that the window must be tempered because it was over a kitchen sink. And that's not all, a bathroom window must be replaced because it is in a bathroom....over a toilet.
At the rough plumbing inspection a correction was written to remove the plumbing for a laundry room sink. There was no written explanation for that. The contractor said that the reason was that a sink would encourage the owner to create a second kitchen.
Now I suppose that a code section would have made a difference here but the evil would find another way out. Holding my feet to the fire isn't going to fix that.
And by the way TheCommish, it was just a lighthearted tease.