The Role of Building Inspectors and Officials: Beyond the Building Code

[jar546]

The Multifaceted Role of Building Inspectors and Officials: Beyond the Building Code​

Introduction​

Many people mistakenly believe that the role of building inspectors, plans examiners, and building officials is confined solely to the enforcement of the adopted building codes. This narrow viewpoint overlooks the complex and expansive responsibilities that these professionals bear. Not only do they enforce the building code, but they also ensure compliance with local ordinances, state statutes, and various other regulations that govern construction activities. This article aims to shed light on the broader scope of responsibilities that building officials hold, using the example of the Construction Site Management Handbook (CSMHB) and other relevant statutes.

The Building Code: Just the Tip of the Iceberg​

The building code provides a foundational framework for construction standards, ensuring safety, structural integrity, and accessibility. However, this code is just one component of a building official's toolkit. Building officials must also navigate a myriad of local ordinances and state statutes that supplement and, at times, surpass the building code's requirements.

Local Ordinances: The Case of the Construction Site Management Handbook​

Local ordinances, such as the Construction Site Management Handbook (CSMHB) adopted by the Town of Highland Beach, illustrate the additional layers of regulation that building officials must enforce. The CSMHB includes detailed provisions on:

• Off-Site Damage and Damage Bonds: Contractors are held accountable for any off-site damages and must post bonds to cover potential repairs.
• Vegetation Protection: Rules for protecting existing vegetation during construction.
• Permit Posting: Requirements for displaying permits and keeping approved plans on-site.
• Temporary Facilities: Guidelines for the use and placement of construction trailers, dumpsters, and portable toilets.
• Erosion and Stormwater Control: Measures to prevent erosion and manage stormwater runoff.
• Working Hours and Noise Restrictions: Specific times during which construction activities are permitted and noise limitations.
• Parking and Traffic Management: Restrictions on on-street parking and requirements for managing delivery vehicles and cranes.

These regulations ensure that construction activities do not negatively impact the surrounding community and environment, adding another layer of complexity to the building official's role.

State Statutes: Expanding Responsibilities​

In addition to local ordinances, state statutes further expand the responsibilities of building officials. For example, Florida's state statutes delegate various duties to building officials, including:

• Licensing and Certification: Ensuring that contractors and tradespeople are properly licensed and certified.
• Safety Inspections: Conducting safety inspections for compliance with state-specific safety standards.
• Code Enforcement: Enforcing state building codes and any amendments or supplementary codes adopted by the state.
• Emergency Response: Coordinating with other agencies during natural disasters or other emergencies to ensure building safety.

These statutes mandate that building officials act as both enforcers of the law and as public safety advocates, ensuring that all construction activities adhere to the highest standards of safety and legality.

The Importance of a Comprehensive Approach​

The responsibilities of building officials extend far beyond the basic enforcement of the building code. They must be well-versed in a variety of regulations, from local ordinances like the CSMHB to overarching state statutes. This comprehensive approach ensures that construction projects are not only safe and compliant but also considerate of the community and environment.

In Summary
The role of building inspectors, plans examiners, and building officials is multifaceted and dynamic. It encompasses a wide range of responsibilities that go beyond the basic building code, including adherence to local ordinances and state statutes. Understanding the full scope of these responsibilities highlights the critical role that building officials play in maintaining safety, legality, and community well-being in the construction industry. As such, the perception of their role must expand to appreciate the complexity and breadth of their duties, ensuring a safer and more regulated construction environment for all.

By recognizing the diverse responsibilities and enforcement capabilities of building officials, we can better appreciate the importance of their work and the intricate regulatory landscape they navigate daily.

 

[jar546]

Here is an example of the section just for temporary construction fences:

Sec. 12-4. - Temporary construction fences.
A temporary construction fence is required on all construction sites undergoing land disturbing construction or land development activities. All construction/demolition activities as well as all dumpsters, portable toilets, storage facilities, materials and any other item related to the construction must be located inside the temporary construction fence area. Before the temporary construction fence may be erected, a site plan depicting the materials, location and access gates must be approved as part of the fence permit issuance. At a minimum, the construction site must be completely enclosed, on all sides, by temporary construction fencing to prevent public access.

(a) Temporary construction fences shall be six (6) feet in height and shall be constructed of chain link with screening material (scrim).

(b) Temporary construction fences shall not be erected until the town has issued a demolition permit or building permit for the land disturbing construction or land development activities. In no event may a temporary fence be erected more than ten (10) days prior to the commencement of land disturbing construction or land development activities.

(c) In the event that the demolition permit or building permit expires, all temporary construction fences shall be removed within ten (10) days of the permit expiration date. Within fifteen (15) days of removal of the fences, the site shall be brought to grade, tilled and planted with ground cover to include sodding or seeding which shall have irrigation and shall be maintained in accordance with this Code, regarding landscaping requirements. Alternate forms of ground cover may be approved by the building official.

(d) Temporary construction fences shall comply with the following requirements:

(1) Temporary construction fences shall be installed in accordance with all Florida Building Code and Occupational Safety and Health Administration (OSHA) standards. Temporary construction fences installed pursuant to this section shall be subject to any visibility at intersections requirements of this Code.

(2) All temporary construction fencing shall be maintained in a satisfactory manner by the permittee or landowner during the entire period of the land disturbing construction and land development activities to ensure adequate performance, to prevent nuisance conditions and to maintain the public health, safety and welfare.

(3) Gates shall be secured and locked with a lock substantial enough to ensure closure and security when workers are not on the job site.

(4) No temporary construction fence may encroach beyond the subject property line. No fence may encroach upon the public right-of-way without obtaining the appropriate permit(s).

(5) Screening details shall be submitted with the temporary construction fence permit application. Screening material shall be substantial enough to avoid rips or tears due to wind or sun and shall be maintained in good condition at all times. Screening material shall be of one color, either green or black, with the entire fence consisting of the same shade of green or black and approved by the building official with no signage, artwork or pictures of any kind as part of the screening material or affixed to the fence.

(6) All wind screening materials shall be removed upon the issuance of a hurricane warning for an area including the town. Screening materials shall be reinstalled not more than ten (10) days after the hurricane threat has ended.

(7) The building official may grant the use of a temporary movable construction fence as part of a phased construction or phased demolition permit. Within ten (10) days of the completion of the phase of construction or demolition, the temporary movable fence shall be removed, and may be replaced by another temporary construction fence meeting the provisions of this section.

(8) "No Trespassing" signage shall be placed on the construction site under the direction of the building official and in accordance with F.S. § 810.09, as amended.

(e) The building official may grant, in writing, a restriction or extension to the time frames for the erection or removal of temporary construction fences when necessary to maintain the public health, safety and welfare.

 

[jar546]

Has a hurricane watch been declared? We have even more responsibilities.

Sec. 12-5. - Hurricane preparedness.

(a) All construction materials on-site shall be properly secured and fastened upon a hurricane watch being issued and/or notification by the building official that the town has declared an emergency situation.
(b) Any roof tiles placed on the roof but not yet fastened before the issuance of a hurricane warning shall be removed from the roof or properly secured and fastened.
(c) Failure to follow the directive of the building official or his/her designee with regard to securing such building and/or construction material may result in a stop-work order being issued and/or a maximum five thousand dollar ($5,000.00) fine, such amount to be determined following the hurricane by the town commission. Failure to pay such fine, if assessed, will result in a certificate of occupancy or a final inspection being withheld.

 

[jar546]

Let's not forget contractor licensing and who has to verify that per state statute:

(4)(a) When a certificateholder desires to engage in contracting in any area of the state, as a prerequisite therefor, he or she shall be required only to exhibit to the local building official, tax collector, or other person in charge of the issuance of licenses and building permits in the area evidence of holding a current certificate and to pay the fee for the occupational license and building permit required of other persons.

(5) A local building department shall not issue a building permit to any contractor, or to any person representing himself or herself as a contractor, who does not hold a valid active certificate or registration in the appropriate category. Possession of a local certificate of competency or local construction license is not sufficient to lawfully obtain a building permit as a construction contractor if the activity in question requires licensure under this part. Nothing in this section shall be construed as prohibiting a local building department from issuing a building permit to a locally licensed or certified contractor for an activity that does not require licensure under this part.

 

[steveray]

Thank God we don't have to chase licenses....Or maybe not.....