Understanding the Differences: Building Codes, Zoning Laws, and Code Enforcement

Building Department​

Purpose and Function​

The Building Department is primarily concerned with the structural integrity and safety of buildings within a municipality. It operates under the framework of building codes, which are standardized regulations that dictate structures' design, construction, alteration, and maintenance.

Key Processes​

• Issuing Permits: A building permit must be obtained before construction or major renovations can begin. This process ensures that plans comply with local building codes.
• Plan Review: Plans are meticulously reviewed to ensure they meet safety standards, structural integrity, and fire protection requirements.
• Inspections: Throughout the construction process, inspections are conducted at various stages to ensure compliance with the approved plans and building codes.
• Issuing a Certificate of Occupancy: Upon completion of construction and successful final inspection, a Certificate of Occupancy is issued, signifying the building is safe for use.

Planning and Zoning​

Purpose and Function​

Planning and Zoning departments focus on the overall layout and use of land within a community. This includes land use planning, community development, and enforcing zoning codes, which dictate how land can be used (e.g., residential, commercial, industrial) and regulate aspects like building heights, densities, and setbacks.

Key Processes​

• Zoning Approvals: Ensures proposed projects comply with zoning ordinances designed to promote orderly development and maintain the community's character.
• Land Use Planning: Involves long-term planning to guide future growth and development, balancing community needs with environmental and economic considerations.
• Public Hearings: Often required for major projects or zoning changes, providing a forum for public input on proposed developments.

Code Enforcement​

Purpose and Function​

Code Enforcement ensures that properties comply with a broad range of local ordinances focusing on property maintenance, public health, safety, and welfare. Unlike the Building Department, which deals primarily with construction and structural standards, Code Enforcement addresses issues such as property upkeep, noise ordinances, and other quality-of-life issues.

Key Processes​

• Investigation of Complaints: Responding to reports from the public regarding potential ordinance violations.
• Routine Inspections: Conducting inspections to identify violations of local ordinances.
• Enforcement Actions: Taking appropriate actions to address violations, which can range from warnings and fines to requiring corrective measures.

Overlaps and Collaboration​

While each department has a distinct focus—structural safety, land use, and property maintenance—they often collaborate to ensure that development and property maintenance meet the community’s standards across all dimensions. For instance, a new construction project might require approvals and inspections from the Building Department for structural integrity, from Planning and Zoning to ensure it fits within the community’s land use plan, and potentially from Code Enforcement to address any property maintenance issues during construction.

In Summary​

Understanding the distinct roles of the Building Department, Planning and Zoning, and Code Enforcement is crucial for anyone involved in property development, ownership, or civic engagement. Each plays a vital role in shaping the built environment, ensuring safety, promoting orderly development, and maintaining community standards. By clarifying these roles, we empower citizens, developers, and officials to work more effectively within these frameworks, leading to more vibrant, safe, and well-planned communities.

 

[Yankee Chronicler]

While I agree with the underlying premise you are trying to convey, I disagree with the way you portray or describe Code Enforcement. Code Enforcement is enforcing code. Enforcing a building code is "code enforcement" performed by a building official or building inspector. Enforcing zoning regulations is "code enforcement" performed by a zoning enforcement officer. Enforcing a fire code is "code enforcement" performed by a fire marshal or fire inspector. Enforcing a blight code is "code enforcement" performed by whatever office or official the jurisdiction has designated to enforce its blight ordinance (often the ZEO, sometimes the BO, sometimes a housing enforcement officer).

Your description says that Code Enforcement is a function separate from the Building Department. That's at best an over-simplification, and it's facially inaccurate.

 

[bill1952]

I agree I have difficulty separating the building department from enforcement.

 

[jar546]

While I agree with the underlying premise you are trying to convey, I disagree with the way you portray or describe Code Enforcement. Code Enforcement is enforcing code. Enforcing a building code is "code enforcement" performed by a building official or building inspector. Enforcing zoning regulations is "code enforcement" performed by a zoning enforcement officer. Enforcing a fire code is "code enforcement" performed by a fire marshal or fire inspector. Enforcing a blight code is "code enforcement" performed by whatever office or official the jurisdiction has designated to enforce its blight ordinance (often the ZEO, sometimes the BO, sometimes a housing enforcement officer).

Your description says that Code Enforcement is a function separate from the Building Department. That's at best an over-simplification, and it's facially inaccurate.

In some small municipalities, you often have a one-stop shop where the Building Official is the plans examiner, inspector, and zoning officer and does code compliance, enforcing municipal codes. This is where the problems start. The general public in those areas thinks it is all one department, when, in fact, it is not in most decent-sized municipalities. In the two states I've worked in, most municipalities that are not a one-stop shop have a complete and total separation of duties, albeit many overlap. I am not factually accurate. My description just doesn't fit your experience.

In Pennsylvania, most cities have their own Code Enforcement or Code Compliance Department that handles property maintenance codes and assists the Building Department with those caught working without a permit. Planning and Zoning in any decent-sized municipality is often a completely separate entity with a City Planner, zoning Officers, and Zoning Technicians, similar to Permit Technicians. I am finding the exact same thing here in Florida, whether at the local or county level. It is all the same; the departments are separated with overlap.

I have had to explain this to several small municipal elected officials to help them understand the process. Some small municipalities in Pennsylvania, for example, have a Zoning Officer who handles development orders and enforcing property maintenance codes, which are local ordinances. The Building Official handles all aspects of administering the building code, from permit processing to issuing certificates of occupancy. You don't know how many times elected officials called me over property maintenance issues that had nothing to do with my job as a Building Official and had to explain that their Zoning Officer was responsible for property maintenance.

Building Officials, Plans Examiners, and Inspectors enforce building codes, and Code Enforcement Officers enforce local ordinances in many municipalities. There is a movement to change Code Enforcement to Code Compliance, which we did in our town. Code Compliance Officers are often certified by the state, and many have ICC certifications for the IPMC, while those that enforce building codes that are often state-adopted are a completely different set of certifications.

The article may not make sense in your part of the world. Still, it would be technically accurate in the 40 or so municipalities I worked in two different states as a third-party agency and municipal employee.

The terminology may be confusing, but that is why there has been a movement to Code Compliance for local property maintenance ordinance enforcement.

 

[Yankee Chronicler]

The article may not make sense in your part of the world. Still, it would be technically accurate in the 40 or so municipalities I worked in two different states as a third-party agency and municipal employee.

The terminology may be confusing, but that is why there has been a movement to Code Compliance for local property maintenance ordinance enforcement.

No, as a writer and editor I have to say that your original post is still inaccurate. You use the term "Code Enforcement" as if it applies only to whatever official(s) enforce(s) local health and property maintenance ordinances. From a legal perspective and from a grammatical perspective, that's simply not the case. A "code enforcement officer" is any official who has a legal authority and/or duty to enforce a code -- any code. You can't exclude building code enforcers and zoning code enforcers from the overall mantle of "code enforcement" simply because they may have more specific titles.

That's the problem with your opening essay. As I posted, I agree with what you wrote philosophically, but it's confusing because it treats housing and property maintenance code enforcement as if those are the only duties that can be called "Code Enforcement,:" and you treat building and zoning code officers as if they somehow are NOT code enforcement officials.

 

[jar546]

No, as a writer and editor I have to say that your original post is still inaccurate. You use the term "Code Enforcement" as if it applies only to whatever official(s) enforce(s) local health and property maintenance ordinances. From a legal perspective and from a grammatical perspective, that's simply not the case. A "code enforcement officer" is any official who has a legal authority and/or duty to enforce a code -- any code. You can't exclude building code enforcers and zoning code enforcers from the overall mantle of "code enforcement" simply because they may have more specific titles.

That's the problem with your opening essay. As I posted, I agree with what you wrote philosophically, but it's confusing because it treats housing and property maintenance code enforcement as if those are the only duties that can be called "Code Enforcement,:" and you treat building and zoning code officers as if they somehow are NOT code enforcement officials.

Which is exactly why there is a movement to change the title to Code Compliance Officer, but until it becomes the standard, most departments are still called Code Enforcement when they have nothing to do with building codes. This article and your response is exactly why I wrote it. Confusion.

There is a reason the IBC does not have a definition for Code Enforcement or Code Enforcement Officer but does have one for Building Official.

[A] BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative.

Here are some examples of how Code Enforcement for property maintenance is still used as a separate department.


This Code Enforcement department is not the Building Department and as you can see, deals with property maintenance.

 

[Yankee Chronicler]

As an author, editor, and one-time specification writer, I submit that whoever named that department "Code Enforcement" had his/her head up his/her posterior cavity. It flies in the face of commonly used language, which laws are NOT supposed to do. If all it deals with is property maintenance issues and the local housing or property maintenance code, it should be named something like "Property Code Enforcement" or "Property Maintenance Code Enforcement." Naming it just "Code Enforcement" (or "Code Compliance") invites confusion on the part of the general public.

The distinction is clear to you because you are in a jurisdiction that (mis)uses a generic term to describe a specific office/function/role that actually represents only a small sub-set of what falls under the general title. But you're posting on an international forum, where probably most of us don't have a department or agency that is named "Code Enforcement" or "Code Compliance." That's why you opening post is unclear and inaccurate.

 

[jar546]

As an author, editor, and one-time specification writer, I submit that whoever named that department "Code Enforcement" had his/her head up his/her posterior cavity. It flies in the face of commonly used language, which laws are NOT supposed to do. If all it deals with is property maintenance issues and the local housing or property maintenance code, it should be named something like "Property Code Enforcement" or "Property Maintenance Code Enforcement." Naming it just "Code Enforcement" (or "Code Compliance") invites confusion on the part of the general public.

The distinction is clear to you because you are in a jurisdiction that (mis)uses a generic term to describe a specific office/function/role that actually represents only a small sub-set of what falls under the general title. But you're posting on an international forum, where probably most of us don't have a department or agency that is named "Code Enforcement" or "Code Compliance." That's why you opening post is unclear and inaccurate.

I think you need to start writing thousands of municipalities across the country to let them know they have their head in their a$# then. It is only inaccurate to you and others with limited exposure to different regions and states. I don't know what to tell you. This is the name of the department in most municipalities and always has been. It is not inaccurate if there are departments as described.

There is building code enforcement done through building officials and there is code enforcement/compliance done with property maintenance inspectors. Get used to it.

 

[mtlogcabin]

SECTION 103
DEPARTMENT OF BUILDING SAFETY

[A] 103.1 Creation of enforcement agency.
The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official.

I personally do not like the term "enforcement" as that is a last resort in achieving code "compliance". The "enforcement" is done by the courts through a court order when "compliance" has not been met.

​

 

[Yikes]

I agree with YC that "code enforcement" is really the broad umbrella of enforcing the Municipal Code on existing conditions. In practice, this is mostly related to violations of environmental regulations (noise, pollution), unsafe physical conditions, or unpermitted uses / objects, and often involves a field inspection by code enforcement personnel.

Yes, the municipal code does adopt model building and fire codes for plan check and inspection of construction, but I would not call that "code enforcement", I would call that an "inspection" on an open building permit, for the purposes of finalizing it into a certificate of completion or certificate of occupancy.

 

[bill1952]

Building and fire and zoning codes are laws. Like the city police department enforces compliance with traffic laws, the building department enforces compliance with building codes.

It fine if you don't want to feel like a law enforcement officer and prefer not be called building police.

 

[Yikes]

Building and fire and zoning codes are laws. Like the city police department enforces compliance with traffic laws, the building department enforces compliance with building codes.

It fine if you don't want to feel like a law enforcement officer and prefer not be called building police.

Using your analogy:

• When the Department of Motor Vehicles has you take a written test in order to get your driver's license, that's like a building official doing a plan check: do you know what it takes to drive legally?
• When the DMV gives you a driving test after you've passed the written exam, that's more like a construction inspection. Are you actually capable of driving the way your written knowledge indicates you could do it?
• When you already driving and a cop pulls you over for a traffic violation, that's like code enforcement. the first thing they do is check your driver's license to see that you already previously complied to be a legal driver. The second thing is to tell you how you are doing it wrong.

 

[bill1952]

When the DMV gives you a driving test after you've passed the written exam, that's more like a construction inspection. Are you actually capable of driving the way your written knowledge indicates you could do it?

So when you build a whole building, that's just a test? And after that, if you pass, you have a license to build one for real?

I thought the professional design registrations and contractor licenseing was like the written exam and road test.

 

[Yikes]

So when you build a whole building, that's just a test? And after that, if you pass, you have a license to build one for real?

I thought the professional design registrations and contractor licenseing was like the written exam and road test.

Yeah, it's an imperfect analogy to be sure.
But IMO the idea behind the job description of "code enforcement" is that applies to monitoring existing conditions, not to work currently under construction on an open building permit.

 

[tmurray]

This is a weird semantics argument.

On one side we have people saying this is what the department and emplyee title is.

On the other side we have people saying that it is about what people do.

When I worked for a municipality, we had a park by-law. Sometimes the summer students tasked with mowing lawns and weeding flower beds would need to remind people in the park of the by-law requirements. Are they code enforcement?

We had a code of conduct by-law for municipal council that was enforceable only by members of council. Are they code enforcement?

Come to think of it, there were few people if any at all that did not work with one by-law or other in that municipality. Maybe everyone is code enforcement.

 

[fatboy]

Reality is, that across the country the Department/Division that "enforces" the nuisance property codes has been called "Code Enforcement", with Code Enforcement Officers. In my former jurisdiction, they did change it to "Code Compliance" in an attempt to make it sound not as heavyhanded.

My former boss used to explain it to others in very simplified terms, Building Inspection is walls in, code compliance is walls out.

I thought Jeffs article was very well thought out, if I were working still, I would frmae it and put it my lobby!