Building Codes

• Author: Charles E. Turnbow
• Pages: 87-116

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CHAPTER 3

Building Codes

§300 Purpose and Use of Building Codes

§301 Application to Existing Buildings

§302 Negligence Per Se

§310 Common Terminology

§320 Model Building Codes

§321 Exits, Exit Access and Exit Discharge

§321.1 Scope and Intent of the International Building Code

§322 Corridors

§323 Elevation Changes

§324 Doors and Thresholds

§325 Stairs

§325.1 Rise and Run

Picture: Rise and Run Violations

§325.2 Handrails

Picture: Stairway Without Handrails

Picture: Stairway With Only One Handrail

§325.3 Stairway Construction

§325.4 Deposition Guidelines for Experts on Stairway Accidents

§326 Ramps and Inclined Walkways

§326.1 Maximum Ramp Slope

§326.2 High Traction Requirements

§330 Exit Lighting

§331 Illuminating Engineering Society

§340 Local and Special Codes

§350 Handicapped Access Standard

§351 Purpose and Scope

§352 Applicability

§353 Definitions

§354 Parking Aisles

§355 Elevation Changes

§356 Ramps

Table: Allowable Ramp Dimensions for Construction in Existing Sites, Etc.

§357 Stairways

§360 Building Code Checklist

§370 Diagrams and Illustrations

Figure 3.1: Rise and Run

Figure 3.2: Safety Tread Designs for Disabled Persons

Figure 3.3: Ramps

Figure 3.4: Stairway Features

Figure 3.5: Handrail Placement

Figure 3.6: Handrail Cross Section

Figure 3.7: Light Intensity Diagram

Figure 3.8: Angle of Ascent

Figure 3.9: Cone of Vision

§380 Exit Checklists

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 BUILDING CODES §301

§300 Purpose and

Use of Building Codes

Counties and municipalities have a series of rules and

specifications regulating the manner in which buildings

are constructed. Collectively, these rules are referred

to as the building codes. With few exceptions, these

codes are adopted from model codes propounded by

various agencies. The major modern codes are the Life

Safety Code (LSC), Uniform Building Code (UBC),

Standard Building Code (SBC), Building Officials

and Code Administrators International (BOCA) and

Minimum Property Standards (MPS) propounded by

the United States Department of Housing and Urban

Development. These regional codes have been super-

seded by the International Building Code (IBC), which

has been adopted by 46 states. The remaining states will

likely adopt this common code in the near future.

Building codes and regulations have only been adopted

by larger cities and counties since approximately 1920.

The first of the uniform codes was propounded about

10 years later. Buildings built before the adoption of

a building code may be covered by subsequent codes

if there has been a change in the type of occupancy or

extensive remodeling. If the safety features have not

been maintained, the building may be in violation of the

current building code under an “Applicability to Existing

Buildings” section.

The express purpose of most building codes, as stated in

§101.2 of the UBC, is to “provide minimum standards to

safeguard life, limb, health, property and public welfare by

regulating and controlling the design, construction, quality

of materials, use and occupancy, location and maintenance

of all buildings and structures and grading and certain

equipment specifically regulated [t]herein.” Note that main-

tenance is a specifically designated area of regulation.

Be aware that the building codes only provide minimum

standards without which there would be an unconscio-

nable disregard for safety. The codes do not represent the

optimum level of safety nor do they necessarily reflect the

custom and practice within the building industry. In some

areas, industry custom and practice may involve more

stringent safety requirements.

The building codes are useful tools in establishing duty

and breach. The duty under the law is to provide ordinary

care under the circumstances to prevent an unreasonable

risk of harm. Thus, circumstances may dictate greater pre-

cautions than the building codes require.

§301 Application to

Existing Buildings

The specific requirements contained in the various

building code sections are applicable to those buildings

completed when the code was in force. For example, a

building built in 1990 would likely meet the requirements

set forth in the building code in force at that time. In the

case of the Uniform Building Code, the 1988 edition

would be the controlling code. Any subsequent changes in

the code would not be applicable to this building.

Handrails have been subject to specific requirements since

the building codes were first published. These require-

ments change from time to time. In 1988, handrails were

required to extend six inches past the nose of the top and

bottom riser. In 1991, this requirement was changed to

12 inches. There was no requirement that an additional

six inches be added to the existing handrails. Such retro-

fitting would create chaos within the building industry. In

some cases, the entire building would have to be demol-

ished in order to re-size the stairway or exit facility.

Section 104(d) of older editions of the UBC and §3402 of

the 1994 edition charge the building owner or the designat-

ed agent with maintaining a safe condition of a building,

existing or new. These provisions are effective regardless

of when the building was built. The International Building

Code (IBC) §3401.2 similarly requires safe maintenance

of existing buildings. Under this chapter, the code requires

at §3409.4 et seq. owners to investigate and evaluate the

existing building for fire safety, means of egress, and gen-

eral safety whenever there is a proposed repair, alteration,

addition or change of occupancy. Defects such as inade-

quate handrails, substandard stairways, changes of level in

the exit systems, and similar physical conditions should be

detected at this time. There is no requirement in the code

for periodic inspections for hazards or defects.

Case Example:

Application of UBC §104(d)

The plaintiff was an employee of a recreational vehicle

manufacturing corporation located on property leased from

its principle shareholder and founder. The building was built

in 1894 as a citrus packing and warehouse facility. Over the

years, the character of occupancy remained the same: com-

mercial and industrial or light manufacturing use.

After working in the building for several years and routinely

negotiating a concrete stairway leading from the second floor

offices to ground level, the plaintiff tripped near the top of the

stairs while descending. As the plaintiff lost his balance, he

reached for the handrail to prevent falling. The plaintiff lost

his grip on the loose handrail and fell down the length of the

stairway.