No building codes?

[Sifu]

Awesome discussion! Everyday I encounter violations of codes I either don't understand or don't agree with. Some of them I think I understand and fully know the intent of and just plain disagree with so I might "not see" the violation. I know, not what I'm paid for but at the end of the day I think it helps me keep my job and if I keep my job I will be around to stop a real violation, one that really would impact life safety. One of the problems I have though is this question; What if I'm wrong? What if I think I understand something and therefore don't like it and don't see it and it turns out to a completely valid code requirement. I am very careful to go by the book as much as possible, not so much that I fail people for pin head code violations but at least to the extent that I will try to educate them for the next time around. I think picking and choosing which codes to enforce based on what we like or understand is a slippery slope though I admit I do it to some extent as I'm sure everyone does. Speaking back to the areas without codes, I have recently started enforcing codes for a large county with 100,000 residents, they have never had codes before. I see both sides of this argument. Lots of guys doing great work, some not. Lots of guys that do great work can still be unaware of some basic life safety provisions though. In the end the code could sure be better but I would hate to see what could happen if it wasn't around. As a former GC I will also say this; consistancy is one of the biggest problems GC's face. The only way I have figured out to be consistant from jurisdiction to jurisdiction is if we all tried to go by the book. If I modify a code to suit what I like and the next city over does it another way the contractors problems really add up quickly. Good, consistant education would be great. Some states like NC have a division of engineering which oversees and administers to the code officials and it really helps them stay together. Be great if we all had something like that. Short of that forums like this are good too.

 

[Sifu]

One other thing. the energy code has gone nuts! That is one area I just can't get on board with. Maybe my bias against the dirt people is showing. Thats one flavor of the koolaid I just can't stomach.

 

[Paul Sweet]

A lot of stuff in the code is to make up for lax parents, or fear of lawsuits because the code didn't do enough to protect someone - window bars, guard rails behind fixed benches, tamperproof electrical outlets, 4" spacing on guard rails, etc.

We got stuck with the toilets you have to flush more than once because of an energy policy act in the early 1990s. The fed's reasoning (?) was that energy would be saved if less water had to be pumped. It didn't matter how well they flushed.

Energy regulations seem to be the most complex. The NEC requires a certain minimum watts per square foot for lighting, but the energy code makes you almost list every lamp to show that you are actually using less than half that amount. Heat gain/heat loss calculations and ASHRAE ventilation standards are also complex and aim at an unrealistic level of precision.

On the other hand, I agree with the inspector who wanted an original A/E signature. It's too easy to copy a signed seal and paste it onto another set of prints then pdf it so you can't tell it's pasted on.

 

[iggentleman]

I wonder how not having a building code affects their legal system. Normally a building code would provide something of a safe harbor for the building designers. Does that mean that there is no limitation on liability for anything that might go wrong with a building, whether it was done to code or not?

 

[Mark K]

From a professional liability perspective if you have building regulations they can simplify your discussions with your client and provide a safe harbor in many cases. The problem is that if the design does not comply with the code there is a presumption of negligence.

If there are no building regulations there is more of a likelyhood that you will have a disagreement but if you do it is harder to prove negligence. Even when there is no formal code compliance with the model code will provide the design professional a lot of protection.

If code enforcement is lax you are more likely to have a contractor who does his own thing which means you will have more problems which increases the likelyhood of litigation. When there is litigation you have problems even if you did everything right.