Section 6.24 Violations of Building Regulations—Criminal and Public Liability

• Library: Construction Law 2016 Supp

III. (§6.24) Violations of Building Regulations—Criminal and Public Liability

Construction codes are typically administered and enforced by local building departments or, more specifically, by code officials within those departments. If a code official believes that construction is proceeding in violation of a building code, or applicable construction documents or permits, the code official will usually send a written notice of violation or stop work order to the owner of the property or to the contractor performing the unlawful work or will post a notice or order at the property. The notice or order will direct that the owner or contractor discontinue the illegal action or condition and abate any violations and describe the conditions under which work may resume. In the City of St. Louis, the stop work order will also state the underlying reasons for the order. See ST. LOUIS CITY REV. CODE, § 117.1 of § 25.01.030.

Under most codes, an owner, contractor, or other person who disagrees with a decision of the building code official has the right to appeal to the local building code board of appeals for reconsideration. Except in the case of emergency, such an appeal will usually stay enforcement of the building code official’s determination. See KANSAS CITY BUILDING AND REHABILITATION CODE, Ch. 18, art. I, § 18-12(b)(2). If the code official’s notice of violation or order is not promptly complied with, or the determination properly and timely appealed, the code official may refer the violation to the municipal attorney for enforcement by legal action.

The consequences for building and other code violations can be severe, and they may apply to owners, contractors, design professionals, and other persons responsible for the work or condition giving rise to the violation, including, in some jurisdictions, officers or other persons in charge of a company charged with building code violations. See KANSAS CITY BUILDING AND REHABILITATION CODE, Ch. 18, art. I, § 18-13(c). In most jurisdictions, violations of building regulations are considered misdemeanors. Specific penalties vary from municipality to municipality, but usually include a fine, imprisonment, or both. For example, in Kansas City, conviction of a building code violation can carry a maximum fine of $500, for first time offenders, imprisonment up to 180 days, or both. See KANSAS CITY BUILDING AND REHABILITATION CODE, Ch. 18, art. I, § 18-15(a). In the City of St. Louis, building code violations carry a...