Judging Building Codes
Judging Building Codes
Judging Building Codes
Judging
Building Codes
Who is responsible for interpreting and writing the codes, anyway?
BY KENNETH B. BONDY
aws regulate the practice of structural engineering, a difference of opinion between the design professional
L perhaps more than any other profession. Those laws are
called building codes, and virtually every U.S. city, county,
and the building official, the building official has the final
authority on code interpretation. That is not only the
and state has adopted one. In retrospect, it is perhaps a custom and practice, but it is also specifically stated in
mistake that engineers have allowed building codes to the building code; it is, in fact, legally binding. The 2000
become law because laws are ultimately interpreted by International Building Code (the most current, published,
judges. This article discusses the consequences of a model building code) states:
building code’s judicial review. “Section 104—Duties and Powers of Building Official
Structural engineering is not an exact science; virtually 104.1 General. The building official is hereby authorized
every engineering decision involves judgment. Most and directed to enforce the provisions of this code. The
engineering problems can be solved competently in building official shall have the authority to render
more than one way. Making the practice of engineering a interpretations of this code and to adopt policies and
law, however, implies that each engineering problem has procedures in order to clarify the application of its
only one acceptable solution because a law should mean provisions. Such interpretations, policies, and procedures
the same to all who are governed by it. Legislation of shall be in compliance with the intent and purpose of
building codes inherently eliminates or minimizes this code. Such policies and procedures shall not have
engineering judgment. Engineers should have been more the effect of waiving requirements specifically provided
aware of the ramifications of this when they started for in this code.”
writing building codes and seeing them adopted as laws. All other model codes contain similar or identical
On the other hand, since the days of Hammurabi 4000 statements describing the powers and responsibilities of
years ago, the public has always seemed to want the the building official. In the 1997 Uniform Building Code
design of its buildings governed by laws. So it is unlikely (UBC), it is found in Section 104.2.1.
that engineers could have completely avoided the Over time, the continual process of plan review, and
legislation of their practice, even if they had offered the exchange between design professionals and building
some protest along the way. officials on projects, has led to generally consistent code
Until recently, the practice of structural engineering interpretation, even when the code wording is unclear.
has not been significantly affected by the legislation of Thus, in practice, a general understanding has developed
building codes. Engineers write building codes, and in between design professionals and building officials as to
everyday practice, building officials (who generally are the intent of the building code, and how to satisfy each
also engineers) enforce them. The design professional code requirement in each building code jurisdiction.
and the building official interpret the code requirements And, of course, the codes themselves become clearer
during the plan review process for each individual with time, as current codes clarify previous codes.
project. When code wording is unclear, or when there is
DOUBLE JEOPARDY
This point of view article is presented for reader interest by the Many parts of the country have experienced a dramatic
editors. However, the opinions expressed are not necessarily those of increase in construction defect litigation. When code
the American Concrete Institute. Reader comment is invited. interpretation is an issue in these lawsuits, the “final
word” no longer belongs to the building official, it