Building Codes

• Author: Jeffrey Lehman, Shirelle Phelps

Page 161

A series of ordinances enacted by a state or local governmental entity, establishing minimum requirements that must be met in the construction and maintenance of buildings.

Building codes have been used by governmental units for centuries to ensure that buildings remain safe and sanitary. Early settlements in the United States drafted codes for such purposes

Page 162

as restrictions on the use of wooden chimneys to prevent fire. The early codes were usually only a few sentences in length, specifying narrow restrictions in construction.

Today, home and business construction has become process governed by a complex series of rules. A building code is usually not one document, but rather it is usually a series of documents setting forth requirements for several aspects of construction, such as gas, mechanics, electricity, fire-alarm systems, and plumbing. Building codes generally regulate all aspects of a construction project, including the structural design of a building, sanitation facilities, environmental control, fire prevention, ventilation, light, materials used for the building, and conservation measures. State and local governmental entities are empowered to enact building codes as part of their POLICE POWERS under the TENTH AMENDMENT to the federal Constitution. That amendment has been interpreted to allow the states to enact legislation designed to protect public health, welfare, and safety.

The development of modern building codes began in the early twentieth century. Residents who lived in tenement houses during that time began a movement that demanded basic sanitation in their housing. Insurance companies also advocated the use of safety standards, due to the potential limitations on the liability of these companies. In 1905, the National Board of Fire Examiners, the predecessor to the American Insurance Association, approved the first National Building Code. It was designed to be used as a model by state and local governmental units when drafting their own building codes. This model code proved very popular among legislators because it provided a respected and comprehensive source for technical construction requirements without the burden and expense of researching and drafting a building code from scratch.

During the NEW DEAL era of the 1930s, the federal government sought to modernize the system of housing in the United States, and the use of building codes to ensure safety and sanitation...