RickAstoria
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- Joined
- Oct 17, 2009
- Messages
- 531
Statutes trumps regulation. The building code text is regulation. The statutes ALWAYS by court of law overrules a regulation.mtlogcabin said:What you are allowed to do in your state applies only to your state. Where the IRC says an engineered design then you better be an engineer.R106.1 Submittal documents.
Submittal documents consisting of construction documents , and other data shall be submitted in two or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional .
R109.1.3 Floodplain inspections.
For construction in areas prone to flooding as established by Table R301.2(1), upon placement of the lowest floor, including basement , and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a registered design professional , of the elevation of the lowest floor, including basement , required in Section R322.
R502.8.2 Engineered wood products.
Cuts, notches and holes bored in trusses, structural composite lumber, structural glue-laminated members or I-joists are prohibited except where permitted by the manufacturer's recommendations or where the effects of such alterations are specifically considered in the design of the member by a registered design professional .
R301.1.3 Engineered design.
When a building of otherwise conventional construction contains structural elements exceeding the limits of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance with accepted engineering practice. The extent of such design need only demonstrate compliance of nonconventional elements with other applicable provisions and shall be compatible with the performance of the conventional framed system. Engineered design in accordance with the International Building Code is permitted for all buildings and structures, and parts thereof, included in the scope of this code.
102.2 Other Laws. The provisions of the building code shall not be deemed to nullify any provisions of local, state or federal law.
102.2 trumps the following:
R106.1 Submittal documents.
Submittal documents consisting of construction documents , and other data shall be submitted in two or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional .
R109.1.3 Floodplain inspections.
For construction in areas prone to flooding as established by Table R301.2(1), upon placement of the lowest floor, including basement , and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a registered design professional , of the elevation of the lowest floor, including basement , required in Section R322.
R502.8.2 Engineered wood products.
Cuts, notches and holes bored in trusses, structural composite lumber, structural glue-laminated members or I-joists are prohibited except where permitted by the manufacturer's recommendations or where the effects of such alterations are specifically considered in the design of the member by a registered design professional .
Law as applied in context means the codified laws not rules or regulation.
It is ultimately subordinate to actual codified law. Court rule and case law has always held the codified law as supreme over the regulations especially like the code which is merely modified model code written by a third party. The code isn't originally written for Oregon law and regulatory modifications by state agencies doesn't always get it compliant. This is why 102.2 is implemented because when the building regulatory code text is in conflict with the adopted laws (codified statutes), the codified law wins. To be really a law, it has to be codified as a statutes and not by any one agency of the local, state or federal government.
By overstepping statutes and the provision, the building official is overstepping his authority as if he is above the codified law. You are not above the codified law and is subjected to the codified law. Your authority is adopted by authority of the regulation not that codified law.
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