Section 6.5 Building Codes

• Library: Construction Law 2016 Supp

2. (§6.5) Building Codes

Building codes are typically the most comprehensive of construction codes, regulating a broad range of essential construction subjects such as:

· building use and occupancy;

· general building limitations;

· site work and demolition;

· foundations, footings, and retaining walls;

· building envelopes;

· structural systems;

· loads and materials;

· interior finishes and other nonstructural materials;

· assemblies and fasteners;

· light and ventilation;

· means of egress; and

· accessibility.

As of June 1, 2003, over 20 states have mandatory statewide building codes that apply to all buildings in those states, while 8 states have mandatory statewide building codes that apply only to commercial buildings in those states. The remaining states, including Missouri, do not have any statewide building codes regulating non-government buildings. In Missouri, each municipality in the state (some 1,275 cities, towns, and villages) has some degree of delegated police power authority to develop, adopt, and enforce, through local ordinance, its own codes of minimum requirements and standards governing construction projects within its jurisdiction. This situation raises a number of concerns about the potential for inconsistent code implementation, interpretation, application, and enforcement; conflicting code requirements from one municipality to another; and duplication, overlap, and delays in the regulatory process, all of which could jeopardize public safety and hinder economic development. Thankfully, rather than investing considerable time and money to independently develop their own building codes, most municipalities in Missouri with power to regulate building construction have elected to adopt comprehensive “model building codes” as the basis of their efforts to regulate building construction or have integrated their building regulation with a county government that has adopted and enacted these codes. These model codes are developed through a consensus process administered by private, non-profit organizations comprised of regulatory enforcement officials, design professionals, government representatives, and individuals representing trade and industry groups.

The most established model code organizations are the:

· National Fire Protection Association (NFPA) (founded in 1896);

· Building Officials and Code Administrators International, Inc. (BOCA) (founded in 1915);

· International Conference of Building Officials (ICBO) (founded in 1922);

· Southern Building Code Congress International, Inc. (SBCCI) (founded in 1940); and

· International Code Council (ICC) (founded in 1994 as a cooperative effort among BOCA, ICBO, and SBCCI).

As of June 1, 2003, the four most commonly referenced model building codes are the:

· BOCA National Building Code (common in the Northeast and Missouri);

· ICBO Uniform Building Code (common in the West);

· SBCCI Standard Building Code (common in the South); and

· ICC International Building Code (common in the Midwest and the East).

A municipality that chooses to adopt one of these model building codes will do so by ordinance that identifies the particular model code by title, date, and edition. These ordinances will usually include a number of specific amendments, exceptions, deletions, insertions, and supplements to the model code, thereby ensuring that the code as adopted sufficiently addresses the particular safety, health, and general welfare needs of the municipality. The model code itself usually will not be set out in full within the enacting ordinance, but rather will be incorporated by...