scope:

General Comments

This chapter contains provisions for the application, enforcement and administration of requirements of the code. In addition to establishing the scope of the code, Chapter 1 identifies which buildings and structures come under its purview.

Chapter 1 is subdivided into two parts. Part 1 includes scope and application, Sections R101 and R102. Part 2 covers administration and enforcement, Sections R103 through R114.

• Section R101 addresses the scope of the IRC.

• Section R102 establishes the applicability of the code and addresses existing structures.

• Section R103 establishes the department of building safety and the appointment of department personnel.

• Section R104 outlines the duties and authority of the building official with regard to permits, inspections and right of entry. It also establishes the authority of the building official to approve alternative materials, used materials and modifications.

• Section R105 states when permits are required and establishes procedures for the review of applications and the issuance of permits.

• Section R106 describes the information that must be included on construction documents submitted with the application.

• Section R107 authorizes the building official to issue permits for temporary structures and uses.

• Section R108 establishes requirements for a fee schedule.

• Section R109 includes inspection duties of the building official or an inspection agency that has been approved by the building official.

• Section 110 details provisions for the issuance of certificates of occupancy.

• Section R111 gives the building official the authority to approve utility connections.

• Section R112 establishes the board of appeals and the criteria for making applications for appeal.

• Section R113 addresses administrative provisions for violations, including provisions for unlawful acts, violation notices, prosecution and penalties.

• Section R114 describes procedures for stop work orders.

Each state's building code enabling legislation, which is grounded within the police power of the state, is the source of all authority to enact building codes. Police power is the power of the state to legislate for the general welfare of its citizens. This power enables passage of such laws as building codes. If the state legislature has limited this power in any way, the municipality may not exceed these limitations. While the municipality may not further delegate its police power (e.g., by delegating the burden of determining code compliance to the building owner, contractor or architect), it may turn over the administration of the building code to a municipal official, such as a building official, provided that sufficient criteria are given to establish clearly the basis for decisions as to whether a proposed building conforms to the code.

Chapter 1 is largely concerned with maintaining "due process of law" in enforcing the building performance criteria contained in the body of the code. Only through careful observation of the administrative provisions can the building official reasonably hope to demonstrate that "equal protection under the law" has been provided. While it is generally assumed that the administration and enforcement section of a code is geared toward a building official, this is not entirely true. The provisions also establish the rights and privileges of the design professional, contractor and building owner. The position of the building official is merely to review the proposed and completed work and to determine if the construction conforms to the code requirements. The design professional is responsible for the design of a safe structure. The contractor is responsible for constructing the structure in compliance with the plans.

During the course of construction, the building official reviews the activity to ascertain that the spirit and intent of the law are being met and that the safety, health and welfare of the public will be protected. As a public servant, the building official enforces the code in an unbiased, proper manner. Every individual is guaranteed equal enforcement of the provisions of the code. Furthermore, design professionals, contractors and building owners have the right of due process for any requirement in the code. 

Purpose

A building code, as with any other code, is intended to be adopted as a legally enforceable document to provide a reasonable level of safety and protection of public health, general welfare and property. A building code cannot be effective without adequate provisions for its administration and enforcement. The official charged with the administration and enforcement of building regulations has a great responsibility, and with this responsibility goes authority. No matter how detailed the building code may be, the building official must, to some extent, exercise his or her own judgment in determining code compliance. The building official has the responsibility to establish that the homes in which the citizens of the community reside are designed and constructed to be structurally stable with adequate means of egress, light and ventilation, and to provide a minimum acceptable level of protection to life and property from fire.

Chapter 1 contains two parts. Part 1, Scope and Application, contains all issues related to the scope and intent of the code, as well as the applicability of this code relative to other standards and laws that might also be applicable on a given building project, such as federal or state. Part 2, Administration and Enforcement, contains all issues related to the duties and powers of the building official, the issuance of permits and certificates of occupancy, and other related operational items