What Is the Building Code Enforcement Process?
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Codes
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Those who have been fortunate enough to have been able to build a new home or place of business know that these edifices must be built according to standards for everything from building footings to roofing materials. Codes are written by state legislatures using models developed for the region or a national model published by the International Code Council. Codes are based on building practices that work and changes are made continually, often after a disaster points out weaknesses in current practice. State legislatures must balance the need for safe buildings against the public's desire for freedom in design and choice and usage of materials. All building codes apply to new construction: some codes apply only to the renovation of old buildings being adapted for new uses, and some apply to all building and renovation.
Inspectors
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Code enforcement is generally the job of local governments, which employ engineers as "inspectors" to enforce state standards. Building departments in large population areas may have fire, electrical, plumbing, mechanical or energy specialists as well as a chief or administrative inspector. Anyone contemplating building is advised to get to know the local building inspector; he can be your best friend and adviser through a sometimes confounding process. When the city issues a building permit the inspector's approval will always be needed somewhere in the process. Local plan commissions and zoning boards must often approve new construction before building begins, too. Once construction has begun, inspectors may visit the project and consult with the builder, often spotting and resolving problems. During the construction phase, the inspector may need to certify one or more times that the project is code-compliant, but she must always approve it before the building can be occupied. Inspectors are empowered in most states and municipalities to issue citations or order construction halted for serious violations.
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Appeals
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During the permit process or the project itself, the builder may want to use materials or practices that are snot in compliance with the building codes. Existing buildings may also be issued citations for violation of some codes. A reasonable period of time is generally allowed to correct violations or appeal the violation. Code appeals explain why the construction should proceed or the condition continue. They should also include a showing how the plan can be made as safe as code-compliant construction. Appeals are first submitted for "administrative review" by inspectors representing specialties within the code. Plans can usually be altered for reconsideration after a denial at the administrative stage. If the appeal is denied, the owner may then appeal to a Board of Appeals comprised of local representatives and professional experts who may approve or deny the appeal. Most states have an appeal process, some of them court-based. However, these appeal bodies are often reluctant to overturn local decisions.
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References
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