Introduction
This portion of the blog will be dedicated to a discussion about the Building Code. The Building Code is the embodiment in a written format of the current regulations that are enforced by building departments to ensure the public that the structures created are safe for occupation and use.
As I discuss the Code in depth, I will be enlisting comments from builders, suppliers, and subcontractors as to their viewpoints on the subject in the blog. Those individuals can if they want have the comments they create fully credited to them, their company along with an explanation of what they do in the construction industry and how they might be contacted.
It is with the highest hope that this will be very helpful to those who are in the industry as well as to the new owners they build for.
What is the Code?
The International Code Council or “ICC” writes regulations that building departments may enforce to ensure the public health and safety in structures built for occupation and use. The “Code” is a consortium of several individual volumes that cover different aspects of construction. For single family and two-family residential homes, the code is mainly written in the International Residential Code or “IRC”. Within the IRC a person will find regulations on the construction of building assemblies, initial planning for life-safety issues, minimum energy efficiency standards, minimum mechanical, minimum plumbing and minimum electrical for single and two-family residential homes.
The ICC also writes for enforcement by building departments additional codes. Each is separately bound and creates more detail regulations for those covered within the IRC. Together they form what is referred to as the “I-Codes”. Whenever there possibly is a conflict within the code, it is usually the more stringent code that is to be followed.
The I-Codes include in addition to the IRC the following volumes for adoption by local governments for enforcement:
International Building Code (also known as the IBC)
International Energy Conservation Code
International Existing Building Code
International Fire Code
International Fuel Gas Code
International Green Construction Code
International Mechanical Code
ICC Performance Code
International Plumbing Code
International Property Maintenance Code
International Swimming Pool and Spa Code
International Private Sewage Disposal Code
International Wildland-Urban Interface Code
International Zoning Code
The ICC releases new editions of each code every three years.
Governments adopt codes they feel address issues under their jurisdiction. Governments decide which edition of each code they want to enforce. I have personally seen where building departments were enforcing codes of a particular edition like the 2009 and enforce newer or older editions of other codes at the same time. Most will adopt codes all released from the same year. Amendments and additional codes may be written by those government bodies as they feel fit the needs of their constituents. The codes that do not reflect those needs usually do not get adopted and therefore not enforced. It is the responsibility of designers, architects and engineers to create construction documents that reflect the adopted codes as amended. It is the responsibility of all contractors, sub-contractors and suppliers to supply and install all items into structures in a way that complies with the adopted codes as amended whether they are detailed in the construction drawings or not. Failure of contractors, sub-contractors and suppliers to comply with the code can result in a requirement by the building department to undo and repair the construction to where it complies or face a “Stop Work Order” and possibly other penalties as prescribed by law. The Stop Work Order bars any forward progress in the construction until the faulty items are corrected to the satisfaction of the building department. (Section R101 thru Section R114 2012 IRC)
The National Electric Code or referred to as the “NEC” or “NFPA 70” is created by the National Electric Code Committee of the National Fire Protection Association or “NFPA”. Like the Codes written by the ICC, it can be adopted as written, amended or outright replaced by any government body having jurisdiction over construction. The NFPA 70 is amended as a new edition every three years just like the I-Codes except its anniversary year is the year before the ICC releases its new editions.
Some states and cities totally write building codes for themselves. States like California, Rhode Island, North Carolina, Oregon and Ohio have statewide codes for construction. Idaho has its own plumbing code. Cities like Chicago have their own code for construction. Therefore it is important to contact the building department you are dealing with and have them list all the codes they are enforcing before beginning any design work.
2012 IRC Chapter 1 – Scope and Administration
Building Permits
The Code writes about Permits in its first chapter of the 2012 IRC. Basically, a Permit is a set of documents that is signed by both the applicant and a designated Building Official that grants permission by a legal jurisdiction for certain acts of construction on a piece of property. Almost every time I draw something, that item is used in the pursuit of a Permit. What it takes to obtain a Permit is ultimately up to the Department of Building Safety or as I usually refer to them as the “Building Department”. Most towns and cities have this department. And for those towns and cities that do not, the Permit process is handled by either the County government or a State level agency. Projects that are not within a city or town usually have their Permits administered by the County government.
A Permit also establishes a schedule of inspections. Those required inspections are usually carried out by a building official or someone they designate. The Permit is considered fulfilled once all of the required inspections are completed and the Department of Building Safety can issue a Certificate of Occupancy giving the owner the permission to use what was constructed. In order for a Certificate of Occupancy to be issued or a Permit to be considered fulfilled, all of the inspections must show approval of what they cover. Or the construction needs to be corrected until it does.
A Permit also declares a benchmark of value of the work being done. And that value is then subject to taxes and fees to be collected by the jurisdiction at the time the Permit is issued. I have seen projects of similar value done in different jurisdictions have incredibly different fees and taxes. So, be prepared and find out ahead what is expected before you apply.
A Permit, according to the 2012 IRC Code, is at a minimum an application signed by the person seeking the Permit. The application includes a form to describe what is intended to be done. It also is to include at minimum two sets of drawings that establish in a graphic form what is going to be done, and that the construction and demolitions shall conform with all applicable Codes laws and regulations. The application needs to describe the address or a legal description of the property being worked on. It also needs to list the use and occupancy where the work is being done.
The construction documents in the permit application are to consist at a minimum by the Code; two sets of drawings on media approved by the Building Official that show sufficient clarity of what is going to be done under the Permit. The 2012 IRC allows the Building Official to require on the drawings the identification of all braced wall lines. Those details are to show the methods and placement of all braced wall panels and the interaction between foundations and the panels.
The construction documents must include unless waived by the Building Official, a site or plot plan showing the location and size of all existing structures, the limits of any demolition and the size and location of new construction. If the work is being done within a “flood hazard area”, then information describing the location and limits of the hazard, the elevation of the lowest floor level and height of that level as compared with the highest adjacent grade are to be shown.
It is interesting that the Building Official of a Department of Building Safety may determine if work to be done can be accomplished in a manner inconsistent, but in keeping with the intent and purpose with the letter of the Code. They can review and determine what unique construction methods that are not covered by the Code are acceptable. But that person can not modify any provisions that are affected by a flood hazard area. Those provisions in the Code can only be modified by a designated Board of Appeals.
The 2012 IRC requires that all manufacturer’s installation instructions for items, the approved set of construction documents and the Permit itself must remain at the site of the work involved so that the building official and inspectors they designate may review those items at the site for compliance.
Not everything in construction needs a Permit. The 2012 IRC lists those construction activities that do not need a Permit. However, even though a Permit is not required, the activity and end result still must comply with the Code, and any other laws and regulations associated with it. For a complete list of what is not required for a Permit, you need to contact the Building Official for that list. The 2012 IRC lists things such as storage sheds not needing a permit if they are less then 200 square feet in area. Unattached free standing decks less then 30 inches high with no entrance into the residence and with less then 200 square feet of floor area can be built without a Permit. Certain types of playhouses do not need a Permit. Short retaining walls that are less then 4 feet tall from bottom of footing to the top of the wall don’t need a Permit. Sidewalks and driveways, certain types of water tanks, prefabricated swimming tanks under two feet deep and playground equipment usually don’t require a permit. Interior finishes such as painting, tiling, carpeting and installing of cabinets don’t need a permit. And certain minor mechanical, electrical and gas related work may be done without a formal Permit. Again, each jurisdiction can modify the list shown in the Code and so one should always consult with the Building Official to make certain that the work desired is not requiring a Permit.
Permits are required to be secured before work is begun. However, the Code allows emergency repairs, that normally require a permit, can be initiated as long as the application is made on the next business day for the Building Official. A Permit can be issued as described within the 2012 IRC for a foundation only, if the rest of the residence documents are not ready for application. The Code states that the applicant applies for a “Foundation Only Permit” and initiates work at their own risk, since the issuing of that Permit does not imply the acceptance of the rest of the work as approved for a Permit.
A word to the wise here, is that when it comes to permits, communication with the Building Official about their particular requirements will make this process easier then it can sound.
Permit Fees
Over the years since I began my practice in 1984, I have noticed that the fees associated with obtaining a building permit has increased. Some of that is to be expected as a result of inflation. But some has to do with what is now included in the fees.
The 2012 IRC does not allow any construction that is required to have a permit to commence without all fees being paid in full. (2012 IRC Section R108). In the past, there was a schedule of fees listed in the code. And so identical homes built in different locations incurred similar permit costs. This 2012 IRC code does not do that. It allows the fees to be created by the jurisdiction itself. The valuation with which a permit is based upon is to be for the value of the work under the permit, which will include both materials and labor. The fees may include other unrelated items. I have seen this as some municipalities have included fees for parks, emergency services, road improvements, and schools among other things. It is amazing to me what the final number usually turns out to be. And so the same identical home being built in different locations can have very different permit costs.
So a word to the wise. When looking to purchase a piece of ground for your dream, take time to visit the department of building safety that will issue the permits and find out what all the fees will be. This is certainly one of those items that can effect your dream of building a custom home.
Building Inspections
Departments of Building Safety enforce the building code in two ways. The first enforcement comes at the time of permit submittal. The department reviews the drawings to see if the code is reflected in the proposed work. The second time the code is enforced is at inspections. According to the code, the permit holder or their representative needs to notify the building official that work has been completed to a point that needs an inspection.
The code specifies that a foundation inspection is done once all forms and reinforcement is in place prior to any pouring of concrete. I have known several municipalities who either allow or request that this inspection be completed by the structural engineer of record. When that is done, the engineer then creates a letter they sign, seal and submit to the building official for recording. I have seen in these cases that the inspections by the structural engineer of a foundation can happen in two phases; one at the time of pier or footing creation, the other at the forming of foundation walls. Check with your building official as to what they would like to have. Concrete is very unforgiving if your inspection is done to late or by the wrong person.
A “rough in” inspection of each mechanical, plumbing, and electrical systems is to be done prior to a framing inspection according to the code. I have seen municipalities create two framing inspections. The first one prior to any of these systems being installed and the “final” framing inspection to be done at the same time the mechanical, plumbing and electrical inspections are done. The rough in inspection of these systems is basically all the pieces except for the finished items that are installed after drywall installation
The code requires if your home is being built in a flood hazard area, that a registered design professional submit documents showing what the elevation is of the lowest floor, or basement floor.
The code requires frame and masonry inspections after all the mechanical, plumbing and electrical systems have passed their inspections. It is to be done after the roof, masonry, firestopping, draftstopping and bracing are in place. Again I have seen municipalities define this inspection differently with different items to be done or not done.
Because the inspections are the enforcement piece of the code, the code allows the building official to create a list of inspections as they feel is needed in order to see compliance.. The code does require a special inspection of any fire-resistance-rated construction such as a common wall between two units that are attached to each other.
Final inspection of the work is required just prior to occupancy once all the work is completed.
At each point of inspection, the work basically has to come to a halt until the inspection is done and the work done to that point is satisfactory to the building official. This is why it is important to make sure to have the work reviewed and corrections made before calling on a building official to make their inspection. If a building official notices things that are wrong, they will write it down. Then the contractor needs to correct the work and call for another inspection. Failing inspections can really disrupt a construction schedule. Especially those schedules that are tight to make certain deadlines happen. So, a word to the wise here. Do the work once, do it correct even if it takes time. You will appreciate not having to wait for return inspections just because something that takes a few minutes to correct stops the construction for a few days.
And know each Department of Building Safety may have a different list of inspections and what should be complete or not started at those times.
REF: 2012 IRC Section R109
2012 IRC Section Chapter 4 – Foundations
Drainage
Know that in my experience here, that departments of Building Safety and their building officials along with Planning Departments sometimes have modified these requirements to requirements that are more stringent. It is very important to review these with your building official to determine what is ultimately needed.
In section R401.3 it requires that the lot be graded away from the building to a point where either water can gather in a safe place from the home or into a drainage system for storm runoff. The ground is not allowed to be closer then 8 inches from untreated wood framing of a home.
(Most builders I know keep the finished line of soil surface to be a minimum of 8 inches below the top of their foundations, instead of the 6 inches that the code states as a minimum. They do this because they don’t want to use treated sheathing along the foundation perimeter line when sheathing edges come within 8 inches of grade.)
From that point, the code requires dirt to have a minimum fall of 6 inches in the first 10 feet away from the home. If that is not totally possible because of another building or a property line, then a sloped swale or drain is then needed to divert water away. Any impervious surfaces such as asphalt or concrete within that ten feet of a home need to slope away a minimum of 2 percent. Or in other words they need the grade to fall in ten feet distance a minimum of two and a half inches.
Unless the ground has a minimum peculation rate of 4 inches per hour, all foundations into the ground that separate habitable or usable space from the earth, must have a perimeter foundation drain system installed. They must discharge their contents by either a gravity method or a mechanical method to a point that is approved by the building official. If the drain is a perforated pipe, it needs to either be wrapped in a water permeable membrane or surrounded by rock or stone larger then the holes in the pipe. That pipe if not wrapped, needs to have at least two inches of gravel underneath it and covered by not less then 6 inches of that same gravel on the other sides and top. A filter membrane is then required on top of the rock. This is to prevent silting of the pipe drain system. 2012 IRC Section R405
Waterproofing and dampproofing concrete or concrete block foundations is covered in the 2012 IRC in Section R406. These are two separate types of systems to keep water from penetrating a foundation. All foundations that surround enclosed or habitable spaces (example would be basements, storage areas and “under-floor spaces” aka crawl spaces must have one of these systems applied to the foundation from its top of footing to the finished grade. Waterproofing is a more severe method of keeping water away. Its required when you have a water table that is high or another source of water that is severe. Dampproofing is for all other light to non existing water issues. There is a list of approved products for each in this code section. All joints in membrane waterproofing must be lapped and sealed with an approved adhesive.
I would say from my experience is that most foundations of homes are dampproofed as opposed to waterproofed. I see a lot of dampproofing using the top item on the list in the code. That is bituminous coatings. The methods listed in waterproofing involve a lot more materials, man hours to install and can be intense in their details. However, if a home is to be built in an area where water is a problem, then waterproofing systems must be used. You need to discuss this issue with the building official since waterproofing is going to be much more expensive system to apply, but certainly worth it to prevent the damaging effects of water.
The other remedy of course is to not have any enclosed spaces or habitable space below the finished outdoor grade in the home. Basically this only happens if you build a home on a slab over grade. This eliminates the code requirements for perimeter drains, dampproofing or waterproofing systems all together.
Gary Miller
Principal and Architectural Designer
Timbertree and Stonecastle Designs, LLC