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2015 CODE ANDCOMMENTARY

The complete IBC with commentary after eachsection

VOLUME 1

IBC

®



2015 International Building Code® Commentary

First Printing: March 2015

ISBN: 978-1-60983-280-3 (soft-cover edition)

COPYRIGHT © 2015 by

INTERNATIONAL CODE COUNCIL, INC.

ALL RIGHTS RESERVED. This 2015 International Building Code® Commentary—Volume I is a copyrighted work owned bythe International Code Council, Inc. Without advance written permission from the copyright owner, no part of this book may bereproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechan-ical means (by way of example, and not limitation, photocopying, or recording by or in an information storage retrieval system).For information on permission to copy material exceeding fair use, please contact: Publications, 4051 Flossmoor Road, CountryClub Hills, IL 60478. Phone 1-888-ICC-SAFE (422-7233).Trademarks: “International Code Council,” the “International Code Council” logo and the “International Building Code” are trademarks of the International Code Council, Inc.

PRINTED IN THE U.S.A.



2015 INTERNATIONAL BUILDING CODE® COMMENTARY iii

PREFACE

The principal purpose of the Commentary is to provide a basic volume of knowledge and facts relating to building constructionas it pertains to the regulations set forth in the 2015 International Building Code. The person who is serious about effectivelydesigning, constructing and regulating buildings and structures will find the Commentary to be a reliable data source andreference to almost all components of the built environment.

As a follow-up to the International Building Code, we offer a companion document, the International Building CodeCommentary—Volume I. Volume I covers Chapters 1 through 15 of the 2015 International Building Code. The basic appeal ofthe Commentary is thus: it provides in a small package and at reasonable cost thorough coverage of many issues likely to bedealt with when using the International Building Code — and then supplements that coverage with historical and technicalbackground. Reference lists, information sources and bibliographies are also included.

Throughout all of this, effort has been made to keep the vast quantity of material accessible and its method of presentationuseful. With a comprehensive yet concise summary of each section, the Commentary provides a convenient reference forregulations applicable to the construction of buildings and structures. In the chapters that follow, discussions focus on the fullmeaning and implications of the code text. Guidelines suggest the most effective method of application, and the consequences ofnot adhering to the code text. Illustrations are provided to aid understanding; they do not necessarily illustrate the only methodsof achieving code compliance.

The format of the Commentary includes the full text of each section, table and figure in the code, followed immediately by thecommentary applicable to that text. At the time of printing, the Commentary reflects the most up-to-date text of the 2015International Building Code. As stated in the preface to the International Building Code, the content of sections in the codewhich begin with a letter designation (i.e., Section [F]307.1) are maintained by another code development committee. Eachsection’s narrative includes a statement of its objective and intent, and usually includes a discussion about why the requirementcommands the conditions set forth. Code text and commentary text are easily distinguished from each other. All code text isshown as it appears in the International Building Code, and all commentary is indented below the code text and begins with thesymbol .

Readers should note that the Commentary is to be used in conjunction with the International Building Code and not as asubstitute for the code. The Commentary is advisory only; the code official alone possesses the authority and responsibility forinterpreting the code.

Comments and recommendations are encouraged, for through your input, we can improve future editions. Please direct yourcomments to the Codes and Standards Development Department at the Chicago District Office.

The International Code Council would like to extend its thanks to the following individuals for their contributions to thetechnical content of this commentary:

Brian Black Kevin BrinkmanJohn Woestman Gregory CahaninDavid Cooper Rebecca QuinnDave Collins Joann SurmarVickie Lovell James MilkeJohn Valiulis Richard WalkeMarcelo Hirschler Dave FrableJeff Hugo Elley Klausbruckner

Dick Bukowski



iv 2015 INTERNATIONAL BUILDING CODE® COMMENTARY

S.I. CONVERSION CHART FOR ENGLISH UNITSEnglish Unit Metric Equivalent

1 inch (in.) 25.4 millimeters (mm)1 foot (ft.) 304.8 millimeters (mm)

1 square inch (in2) 645.2 square millimeters (mm2)1 square foot (ft2) 0.093 square meters (m2)1 cubic foot (ft3) 0.028 cubic meters (m3)1 gallon (gal.) .00379 cubic meters (m3)1 gallon (gal.) 3.79 liters (L)1 pound (lb.) 0.454 kilograms (kg)

1 ton (T) 0.907 metric ton1 ton (T) 907.2 kilograms (kg)

1 pound per square inch (psi) 6.894 kilo- Pascals (kPa)1 pound per square inch (psi) .0703 kilogram force per square centimeter1 pound per square foot (psf) 47.88 Pascals (Pa)1 pound per square foot (psf) 47.88 Newton per square meter (N/m2)

1 foot candle 10.764 lux1 inch water column 248.84 Pascal

1 degree 0.01745 radian1 Btu/hr 0.2931 Watt

Temperature degrees Fahrenheit 1.8 x degrees C + 32.



2015 INTERNATIONAL BUILDING CODE® COMMENTARY v

TABLE OF CONTENTS

CHAPTER 1 SCOPE AND ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 – 1-28

PART 1—SCOPE AND APPLICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 – 1-6

PART 2—ADMINISTRATION AND ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6 – 1-28

CHAPTER 2 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 – 2-108

CHAPTER 3 USE AND OCCUPANCY CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1 – 3-46

CHAPTER 4 SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY . . . . . . . . 4-1 – 4-146

CHAPTER 5 GENERAL BUILDING HEIGHTS AND AREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1 – 5-56

CHAPTER 6 TYPES OF CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1 – 6-18

CHAPTER 7 FIRE AND SMOKE PROTECTION FEATURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1 – 7-200

CHAPTER 8 INTERIOR FINISHES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1 – 8-16

CHAPTER 9 FIRE PROTECTION SYSTEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1 – 9-142

CHAPTER 10 MEANS OF EGRESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1 – 10-214

CHAPTER 11 ACCESSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1 – 11-80

CHAPTER 12 INTERIOR ENVIRONMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1 – 12-22

CHAPTER 13 ENERGY EFFICIENCY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-1 – 13-2

CHAPTER 14 EXTERIOR WALLS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1 – 14-50

CHAPTER 15 ROOF ASSEMBLIES AND ROOFTOP STRUCTURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1 – 15-40

INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INDEX-1 – INDEX-38



vi 2015 INTERNATIONAL BUILDING CODE® COMMENTARY



2015 INTERNATIONAL BUILDING CODE® COMMENTARY 1-1

Chapter 1:Scope and Administration

General CommentsThis chapter contains provisions for the application,enforcement and administration of subsequent require-ments of the code. In addition to establishing the scopeof the code, Chapter 1 identifies which buildings andstructures come under its purview.

Chapter 1 is subdivided into two parts. Part 1 includesscope and application, Sections 101 and 102. Part 2deals with administration and enforcement, Sections103 through 116.

• Section 101 addresses the scope of the IBC andreferences the other International Codes® men-tioned in the code.

• Section 102 establishes the applicability of thecode and addresses existing structures.

• Section 103 establishes the department of buildingsafety and the appointment of department person-nel.

• Section 104 outlines the duties and authority of thebuilding official with regard to permits, inspectionsand right of entry. It also establishes the authorityof the building official to approve alternative mate-rials, used materials and modifications.

• Section 105 states when permits are required andestablishes procedures for the review of applica-tions and the issuance of permits.

• Section 106 provides requirements for posting liveloads greater than 50 pounds per square foot (psf)(2394 Pa).

• Section 107 describes the information that mustbe included on construction documents submittedwith the application.

• Section 108 authorizes the building official to issuepermits for temporary structures and uses.

• Section 109 establishes requirements for a feeschedule.

• Section 110 includes inspection duties of the build-ing official or an inspection agency that has beenapproved by the building official.

• Section 111 details provisions for the issuance ofcertificates of occupancy.

• Section 112 gives the building official the authorityto approve utility connections.

• Section 113 establishes the board of appeals andcriteria for making applications for appeal.

• Section 114 addresses administrative provisionsfor violations, including provisions for unlawfulacts, violation notices, prosecution and penalties.

• Section 115 describes procedures for stop workorders.

• Section 116 establishes the criteria for unsafestructures and equipment, and the procedures tobe followed by the building official for abatementand notification to the responsible party.

Each state’s building code enabling legislation, whichis grounded within the police power of the state, is thesource of all authority to enact building codes. In termsof how it is used, police power is the power of the stateto legislate for the general welfare of its citizens. Thispower enables passage of such laws as building codes.If the state legislature has limited this power in any way,the municipality may not exceed these limitations. Whilethe municipality may not further delegate its policepower (e.g., by delegating the burden of determiningcode compliance to the building owner, contractor orarchitect), it may turn over the administration of thebuilding code to a municipal official, such as a buildingofficial, provided that sufficient criteria are given toestablish clearly the basis for decisions as to whether aproposed building conforms to the code.

Chapter 1 is largely concerned with maintaining “dueprocess of law” in enforcing the building performancecriteria contained in the body of the code. Only throughcareful observation of the administrative provisions canthe building official reasonably hope to demonstrate that“equal protection under the law” has been provided.While it is generally assumed that the administrationand enforcement section of a code is geared toward abuilding official, this is not entirely true. The provisionsalso establish the rights and privileges of the designprofessional, contractor and building owner. The posi-tion of the building official is merely to review the pro-posed and completed work and to determine if theconstruction conforms to the code requirements. Thedesign professional is responsible for the design of asafe structure. The contractor is responsible for con-structing the structure in compliance with the plans.

During the course of construction, the building officialreviews the activity to ascertain that the spirit and intentof the law are being met and that the safety, health andwelfare of the public will be protected. As a public ser-vant, the building official enforces the code in an unbi-ased, proper manner. Every individual is guaranteedequal enforcement of the provisions of the code. Fur-thermore, design professionals, contractors and build-ing owners have the right of due process for anyrequirement in the code.



SCOPE AND ADMINISTRATION

1-2 2015 INTERNATIONAL BUILDING CODE® COMMENTARY

PART 1—SCOPE AND APPLICATION

SECTION 101GENERAL

[A] 101.1 Title. These regulations shall be known as theBuilding Code of [NAME OF JURISDICTION], hereinafterreferred to as “this code.”

The purpose of this section is to identify the adoptedregulations by inserting the name of the adoptingjurisdiction into the code.

[A] 101.2 Scope. The provisions of this code shall apply tothe construction, alteration, relocation, enlargement, replace-ment, repair, equipment, use and occupancy, location, main-tenance, removal and demolition of every building orstructure or any appurtenances connected or attached to suchbuildings or structures.

Exception: Detached one- and two-family dwellings andmultiple single-family dwellings (townhouses) not morethan three stories above grade plane in height with a sepa-rate means of egress, and their accessory structures notmore than three stories above grade plane in height, shallcomply with the International Residential Code.This section establishes when the regulations con-tained in the code must be followed, whether all or inpart. Something must happen (construction of a newbuilding, modification to an existing one or allowingan existing building or structure to become unsafe)for the code to be applicable. While such activity maynot be as significant as a new building, a fence isconsidered a structure and, therefore, its erection iswithin the scope of the code. The building code is nota maintenance document requiring periodic inspec-tions that will, in turn, result in an enforcement action,although periodic inspections are addressed by theInternational Fire Code® (IFC®).

The exception indicates that detached one- andtwo-family dwellings and townhouses that are not

more than three stories above grade and have sepa-rate means of egress are to comply with the Interna-tional Residential Code® (IRC®). The definition oftownhouse adds that an IRC townhouse must meetfour criteria: 1. It is not more than three stories inheight; 2. It has a separate means of egress; 3. Eachunit extends from foundation to roof; and 4. There isopen space on at least two sides.

This applies to all such structures, whether or notthere are lot lines separating them, and also to acces-sory structures such as garages and pools. Acces-sory structures are also limited to not more than 3stories in height. Such structures four stories or morein height are beyond the scope of the IRC and mustcomply with the provisions of the IBC and its refer-enced codes.

There are two exceptions in the IRC that allow forbuildings otherwise required to be constructed inaccordance with the IBC to be constructed in accor-dance with the IRC. These include live/work units(see Section 419) and small bed-and-breakfast stylehotels where there are five or fewer guestrooms andthe owner also lives in the hotel (see Section310.5.2).

[A] 101.2.1 Appendices. Provisions in the appendices shallnot apply unless specifically adopted.

The provisions contained in Appendices A through Mare not considered part of the code and are, there-fore, not enforceable unless they are specificallyincluded in the ordinance or other adopting law orregulation of the jurisdiction. See Section 1 of thesample legislation on page xix of the code for wherethe appendices to be adopted are to be specified inthe adoption ordinance.

[A] 101.3 Intent. The purpose of this code is to establish theminimum requirements to provide a reasonable level ofsafety, public health and general welfare through structural

PurposeThe building code, as with any other I-Code®, isintended to be adopted as a legally enforceable docu-ment to provide a reasonable level of safety, and pro-tection of public health, general welfare and property. Abuilding code cannot be effective without adequate pro-visions for its administration and enforcement. The offi-cial charged with the administration and enforcement ofbuilding regulations has a great responsibility, and withthis responsibility goes authority. No matter howdetailed the building code may be, the building officialmust, to some extent, exercise his or her own judgmentin determining code compliance. The building officialhas the responsibility to establish that the homes inwhich the citizens of the community reside and the

buildings in which they work are designed and con-structed to be structurally stable with adequate meansof egress, accessibility, light and ventilation, and to pro-vide a minimum acceptable level of protection to life andproperty from fire.

Chapter 1 contains two parts. Part 1, Scope andApplication, contains all issues related to the scope andintent of the code, as well as the applicability of thiscode relative to other standards and laws that mightalso be applicable on a given building project, such asfederal or state. Part 2, Administration and Enforce-ment, contains all issues related to the duties and pow-ers of the building official, the issuance of permits andcertificates of occupancy, and other related operationalitems.





strength, means of egress facilities, stability, sanitation, ade-quate light and ventilation, energy conservation, and safety tolife and property from fire and other hazards attributed to thebuilt environment and to provide a reasonable level of safetyto fire fighters and emergency responders during emergencyoperations.

The intent of the code is to establish regulations pro-viding for the safety, health and general welfare ofbuilding occupants, as well as for fire fighters andemergency responders during building emergencies.The intent becomes important in the application ofsuch sections as Sections 102, 104.11 and 114, aswell as any enforcement-oriented interpretive actionor judgment. Like any code, the written text is subjectto interpretation. Interpretations should not beaffected by economics or the potential impact on anyparty. The only considerations should be safety of theoccupants, protection of occupant’s health and wel-fare and emergency responder safety.

[A] 101.4 Referenced codes. The other codes listed in Sec-tions 101.4.1 through 101.4.7 and referenced elsewhere inthis code shall be considered part of the requirements of thiscode to the prescribed extent of each such reference.

The International Code Council® (ICC®) promulgatesa complete set of codes to regulate the built environ-ment. These codes are coordinated with each otherso as to avoid conflicting provisions. When the codeis adopted by a jurisdiction, the codes that regulate abuilding’s electrical, fuel gas, mechanical and plumb-ing systems are also included in the adoption and areconsidered a part of the code. The International Prop-erty Maintenance Code® (IPMC®), International Exist-ing Building Code® (IEBC®) and the IFC are alsoreferenced and enable the building official to addressunsafe conditions in existing structures. Various othersections of the code also specifically refer to thesecodes. Note that these codes are listed in Chapter 35and further identified by the specific year of issue.Only that edition of the code is legally adopted andany future editions are not enforceable. New editionsof the International Codes® are issued concurrentlyand new editions of the referenced codes areadopted with each new edition of the code. Adoptionis done in this manner so that there are not conflictingprovisions in these codes.

[A] 101.4.1 Gas. The provisions of the International FuelGas Code shall apply to the installation of gas piping fromthe point of delivery, gas appliances and related accessoriesas covered in this code. These requirements apply to gas pip-ing systems extending from the point of delivery to the inletconnections of appliances and the installation and operationof residential and commercial gas appliances and relatedaccessories.

The International Fuel Gas Code® (IFGC®) regulatesgas piping and appliances and is adopted by refer-ence from this section, as well as other sections inthe code, as the enforceable document for regulating

gas systems. This section also establishes the scopeof the IFGC as extending from the point of delivery tothe inlet connections of each gas appliance. The“point of delivery” is defined in the IFGC as the outletof the service meter, regulator or shutoff valve.

[A] 101.4.2 Mechanical. The provisions of the InternationalMechanical Code shall apply to the installation, alterations,repairs and replacement of mechanical systems, includingequipment, appliances, fixtures, fittings and/or appurte-nances, including ventilating, heating, cooling, air-condition-ing and refrigeration systems, incinerators and other energy-related systems.

The International Mechanical Code® (IMC®) regulatesall aspects of a building’s mechanical system, includ-ing ventilating, heating, air-conditioning and refrigera-tion systems, incinerators and other energy-relatedsystems, and is adopted by reference from this sec-tion, as well as other sections in this code, as theenforceable document for regulating these systems.

[A] 101.4.3 Plumbing. The provisions of the InternationalPlumbing Code shall apply to the installation, alteration,repair and replacement of plumbing systems, includingequipment, appliances, fixtures, fittings and appurtenances,and where connected to a water or sewage system and allaspects of a medical gas system. The provisions of the Inter-national Private Sewage Disposal Code shall apply to privatesewage disposal systems.

The International Plumbing Code® (IPC®) regulatesthe components of a building’s plumbing system,including water supply and distribution piping; sani-tary and storm drainage systems; the fixtures andappliances connected thereto; and medical gas andoxygen systems, and is adopted by reference fromthis section, as well as other sections in this code, asthe enforceable document for regulating these sys-tems. The International Private Sewage DisposalCode® (IPSDC®) is also adopted as the enforceabledocument for regulating on-site sewage disposal sys-tems.

[A] 101.4.4 Property maintenance. The provisions of theInternational Property Maintenance Code shall apply toexisting structures and premises; equipment and facilities;light, ventilation, space heating, sanitation, life and fire safetyhazards; responsibilities of owners, operators and occupants;and occupancy of existing premises and structures.

The applicability of the code to existing structures isset forth in the IEBC and is generally limited to newwork or changes in use that occur in these buildings.The IPMC, however, is specifically intended to applyto existing structures and their premises, providing ajurisdiction with an enforceable document protectingoccupant safety, public health and general welfare,including in buildings that were constructed prior tothe adoption of the current building code.

[A] 101.4.5 Fire prevention. The provisions of the Interna-tional Fire Code shall apply to matters affecting or relating to





structures, processes and premises from the hazard of fire andexplosion arising from the storage, handling or use of struc-tures, materials or devices; from conditions hazardous to life,property or public welfare in the occupancy of structures orpremises; and from the construction, extension, repair, alter-ation or removal of fire suppression, automatic sprinkler sys-tems and alarm systems or fire hazards in the structure or onthe premises from occupancy or operation.

The IFC contains provisions which provide a reason-able level of safety for occupants from the hazards offire and explosion that result from: materials, sub-stances and operations that may be present in astructure; circumstances that endanger life, propertyor public welfare; and the modification or removal offire suppression and alarm systems. Many of the pro-visions contained in the IBC, especially in Chapters 9and 10, also appear in the IFC. So that all Interna-tional Codes contain consistent provisions, only onedevelopment committee is responsible for consider-ing proposed changes to such provisions. That com-mittee is identified by a letter designation in bracketsthat appears at the beginning of affected sections.This is described more fully in the preface to thecodes. The IFC also contains provisions that are spe-cifically applicable to existing structures and usesand, like the IPMC, provides a jurisdiction with anenforceable document protecting occupant safety,public health and general welfare in all buildings.

[A] 101.4.6 Energy. The provisions of the InternationalEnergy Conservation Code shall apply to all matters govern-ing the design and construction of buildings for energy effi-ciency.

The International Energy Conservation Code®

(IECC®) contains provisions for the efficient use ofenergy in buildings by regulating the design of build-ing envelopes for thermal resistance and low air leak-age, and the design and selection of mechanicalsystems for effective use of energy. The IECC® isadopted by reference in this section, as well as othersections in this code, as the enforceable documentfor regulating these systems.

[A] 101.4.7 Existing buildings. The provisions of the Inter-national Existing Building Code shall apply to matters gov-erning the repair, alteration, change of occupancy, additionto and relocation of existing buildings.

The International Existing Building Code® (IEBC®) istypically utilized when a building is undergoing sometype of alteration, change of occupancy or addition.Maintenance of existing buildings is addressed in theIPMC and IFC. Three different options for complianceare provided within the IEBC.

In the 2012 IBC, Chapter 34 addressed existingbuildings. This criterion was repeated in the IEBC asChapter 4, Prescriptive Compliance Methods, andChapter 14, Performance Compliance Methods. Nowthis information is only available in the IEBC.

SECTION 102APPLICABILITY

[A] 102.1 General. Where there is a conflict between a gen-eral requirement and a specific requirement, the specificrequirement shall be applicable. Where, in any specific case,different sections of this code specify different materials,methods of construction or other requirements, the mostrestrictive shall govern.

In cases where the code establishes a specificrequirement for a certain condition, that requirementis applicable even if it is less restrictive than a generalrequirement elsewhere in the code. As an example,the requirements contained in Section 402.8 formeans of egress in a covered mall building wouldgovern over any differing requirements located inChapter 10, regardless of whether the requirementsin Section 402.8 are more or less restrictive.

The most restrictive requirement is to apply wherethere may be different requirements in the code for aspecific issue.

[A] 102.2 Other laws. The provisions of this code shall notbe deemed to nullify any provisions of local, state or federallaw.

In some cases, other laws enacted by the jurisdictionor the state or federal government may be applicableto a condition that is also governed by a requirementin the code. In such circumstances, the requirementsof the code are in addition to the other law that is stillin effect, although the building official may not beresponsible for its enforcement.

[A] 102.3 Application of references. References to chapteror section numbers, or to provisions not specifically identi-fied by number, shall be construed to refer to such chapter,section or provision of this code.

In a situation where the code may make reference toa chapter or section number or to another code provi-sion without specifically identifying its location in thecode, assume that the referenced section, chapter orprovision is in the code and not in a referenced codeor standard.

[A] 102.4 Referenced codes and standards. The codes andstandards referenced in this code shall be considered part ofthe requirements of this code to the prescribed extent of eachsuch reference and as further regulated in Sections 102.4.1and 102.4.2.

A referenced code, standard or portion thereof is anenforceable extension of the code as if the content ofthe standard were included in the body of the code.For example, Section 905.2 references NFPA 14 inits entirety for the installation of standpipe systems. Inthose cases when the code references only portionsof a standard, the use and application of the refer-enced standard is limited to those portions that arespecifically identified. For example, Section 412.4.6requires that aircraft hangars must be provided withfire suppression systems as required in NFPA 409.





Section 412.4.6 cannot be construed to require com-pliance with NFPA 409 in its entirety. It is the intent ofthe code to be in harmony with the referenced stan-dards. If conflicts occur because of scope or purpose,the code text governs.

[A] 102.4.1 Conflicts. Where conflicts occur between provi-sions of this code and referenced codes and standards, theprovisions of this code shall apply.

The use of referenced codes and standards to covercertain aspects of various occupancies and opera-tions rather than write parallel or competing require-ments into the code is a long-standing codedevelopment principle. Often, however, questionsand potential conflicts in the use of referenced codesand standards can arise, which can lead to inconsis-tent enforcement of the code. In the code, severalsections illustrate this concern, such as Section [F]415.9.3.

Section 1 r cleanin plants Theconstruction and installation of dry cleaning plantsshall be in accordance with the requirements ofthis code, the International Mechanical Code, theInternational Plumbing Code and NFPA 32. Drycleaning solvents and systems shall be classifiedin accordance with the International Fire Code.

Based on this text, NFPA 32, Standard for Dry-cleaning Plants, 2011 edition, in Section 4.4.1.1states, “General building and structure design andconstruction shall be in accordance with NFPA 5000,Building Construction and Safety Code®, except asmodified herein.” Since the extent of the reference toNFPA 32 in Section 415.9.3 includes “...construc-tion...”, it has happened that designers construed thisto mean that the requirements for building construc-tion of dry cleaning plants will be required to followNFPA 5000 instead of the IBC.

Another example is in the IMC, which referencesASHRAE 15 in Sections 1101.6 and 1108.1.ASHRAE 15 then references NFPA 54 (ANSIZ223.1), National Fuel Gas Code. This could leadcode users to interpret the mechanical code to meanthat the National Fuel Gas Code is applicable to spe-cific situations rather than the IFGC.

In both cases, the reference is only applicable tothe first referenced standard.

[A] 102.4.2 Provisions in referenced codes and standards.Where the extent of the reference to a referenced code orstandard includes subject matter that is within the scope ofthis code or the International Codes listed in Section 101.4,the provisions of this code or the International Codes listed inSection 101.4, as applicable, shall take precedence over theprovisions in the referenced code or standard.

Section 102.4.2 expands upon the provisions of Sec-tion 102.4.1 by making it clear that, even if a refer-enced standard contains requirements that parallelthe code (or the other referenced InternationalCodes) in the standard’s own duly referenced sec-

tion(s), the provisions of the IBC (or the other refer-enced International Codes) will always takeprecedence. This proposed section does not intendto take the place of carefully scoped and referencedtext for written standards for the International Codesbut, rather, provides the policy underpinnings uponwhich sound code change proposals can be based.

[A] 102.5 Partial invalidity. In the event that any part or pro-vision of this code is held to be illegal or void, this shall nothave the effect of making void or illegal any of the other partsor provisions.

Only invalid sections of the code (as established bythe court of jurisdiction) can be set aside. This isessential to safeguard the application of the code textin situations where a provision is declared illegal orunconstitutional. This section preserves the legisla-tive action that put the legal provisions in place.

[A] 102.6 Existing structures. The legal occupancy of anystructure existing on the date of adoption of this code shall bepermitted to continue without change, except as otherwisespecifically provided in this code, the International ExistingBuilding Code, the International Property Maintenance Codeor the International Fire Code.

An existing structure is generally “grandfathered” tobe considered approved with code adoption, providedthat the building meets a minimum level of safety.Frequently, the criteria for this level are the regula-tions (or code) under which the existing building wasoriginally constructed. If there are no previous codecriteria to apply, the building official must apply thoseprovisions that are reasonably applicable to existingbuildings. A specific level of safety in existing build-ings is dictated by maintenance and hazard abate-ment provisions, as contained in this code, the IPMCand the IFC. These codes (see Sections 101.4.4 and101.4.5) are applicable to existing buildings. Specialattention should be paid to IFC Chapter 11, Construc-tion Requirements for Existing Buildings. Additionally,IEBC (see Section 101.4.7) comprehensively identi-fies the pertinent requirements for existing buildingson which construction operations are intended or thatundergo a change of occupancy.

[A] 102.6.1 Buildings not previously occupied. A buildingor portion of a building that has not been previously occupiedor used for its intended purpose in accordance with the lawsin existence at the time of its completion shall comply withthe provisions of the International Building Code or Interna-tional Residential Code, as applicable, for new constructionor with any current permit for such occupancy.

This section applies to any building that may havebeen completed but not occupied or used for its origi-nal intended purpose. The building remains a newstructure in terms of code compliance until such timeas it is occupied in whole or in part. Tenant buildoutsare permitted to comply with the code adopted at thetime of initial construction, unless that permit hasexpired. If the permit has expired, the tenant buildout





must comply with new construction requirements,similar to alterations to existing buildings. See Sec-tion 105.5 regarding the expiration and extensionsavailable for permits.

[A] 102.6.2 Buildings previously occupied. The legal occu-pancy of any building existing on the date of adoption of thiscode shall be permitted to continue without change, except asotherwise specifically provided in this code, the InternationalFire Code or International Property Maintenance Code, or asis deemed necessary by the building official for the generalsafety and welfare of the occupants and the public.

This section allows for buildings that were legallyoccupied in whole or in part at the time the code wasadopted to continue as is. There is a maintenanceconcern that is addressed by the requirement that thebuilding comply with either the IFC or the IPMC.These codes ensure that life safety systems, such asmeans of egress pathways and fire protection sys-tems, are kept in place and continue to be able toprotect the life and safety of the inhabitants of theseexisting structures.

PART 2—ADMINISTRATION AND ENFORCEMENT

SECTION 103DEPARTMENT OF BUILDING SAFETY

[A] 103.1 Creation of enforcement agency. The Depart-ment of Building Safety is hereby created and the official incharge thereof shall be known as the building official.

This section creates the building department anddescribes its composition (see Section 110 for a dis-cussion of the inspection duties of the department).Appendix A contains qualifications for the employeesof the building department involved in the enforce-ment of the code. A jurisdiction can establish thequalifications outlined in Appendix A for its employ-ees by specifically referencing Appendix A in theadopting ordinance.

The executive official in charge of the buildingdepartment is named the “building official” by thissection. In actuality, the person who is in charge ofthe department may hold a different title, such asbuilding commissioner, building inspector or con-struction official. For the purpose of the code, thatperson is referred to as the “building official.”

[A] 103.2 Appointment. The building official shall beappointed by the chief appointing authority of the jurisdic-tion.

This section establishes the building official as anappointed position of the jurisdiction.

[A] 103.3 Deputies. In accordance with the prescribed proce-dures of this jurisdiction and with the concurrence of theappointing authority, the building official shall have theauthority to appoint a deputy building official, the relatedtechnical officers, inspectors, plan examiners and otheremployees. Such employees shall have powers as delegated

by the building official. For the maintenance of existing prop-erties, see the International Property Maintenance Code.

This section provides the building official with theauthority to appoint other individuals to assist with theadministration and enforcement of the code. Theseindividuals would have the authority and responsibil-ity as designated by the building official. Suchappointments, however, may be exercised only withthe authorization of the chief appointing authority.

SECTION 104DUTIES AND POWERS OF BUILDING OFFICIAL

[A] 104.1 General. The building official is hereby authorizedand directed to enforce the provisions of this code. The build-ing official shall have the authority to render interpretationsof this code and to adopt policies and procedures in order toclarify the application of its provisions. Such interpretations,policies and procedures shall be in compliance with the intentand purpose of this code. Such policies and procedures shallnot have the effect of waiving requirements specifically pro-vided for in this code.

The duty of the building official is to enforce the code,and he or she is the “authority having jurisdiction” forall matters relating to the code and its enforcement. Itis the duty of the building official to interpret the codeand to determine compliance. Code compliance willnot always be easy to determine and will requirejudgment and expertise, particularly when enforcingthe provisions of Sections 104.10 and 104.11. Inexercising this authority, however, the building officialcannot set aside or ignore any provision of the code.

[A] 104.2 Applications and permits. The building officialshall receive applications, review construction documentsand issue permits for the erection, and alteration, demolitionand moving of buildings and structures, inspect the premisesfor which such permits have been issued and enforce compli-ance with the provisions of this code.

The code enforcement process is normally initiatedwith an application for a permit. The building official isresponsible for processing applications and issuingpermits for the construction or modification of build-ings in accordance with the code.

[A] 104.2.1 Determination of substantially improved orsubstantially damaged existing buildings and structuresin flood hazard areas. For applications for reconstruction,rehabilitation, repair, alteration, addition or other improve-ment of existing buildings or structures located in flood haz-ard areas, the building official shall determine if theproposed work constitutes substantial improvement or repairof substantial damage. Where the building official deter-mines that the proposed work constitutes substantialimprovement or repair of substantial damage, and whererequired by this code, the building official shall require thebuilding to meet the requirements of Section 1612.

“Substantial damage” and “Substantial improvement”are defined in Section 202 and in federal regulations(see 44 CFR 59.1, Definitions). Long-term reduction





in exposure to flood hazards, including exposure ofolder buildings, is one of the purposes for regulatingdevelopment in flood hazard areas. Existing buildingsor structures located in flood hazard areas are to bebrought into compliance with the flood-resistance pro-visions of Section 1612 when the cost of improve-ments or the cost of repair of damage equals orexceeds 50 percent of the market value of the build-ing.

Applicants state the valuation of the proposed workas part of the information submitted to obtain a per-mit. If the proposed work will be performed on exist-ing buildings or structures in flood hazard areas,including restoration of damage from any cause, thissection requires the building official to determine thevalue of the proposed work. Guidance from theNational Flood Insurance Program (NFIP) is in FEMAP-758, Substantial Improvement/Substantial DamageDesk Reference. This guidance advises that thevalue of the property owner’s labor, as well as thevalue of donated labor and materials, must beincluded. For damaged buildings, the value of theproposed work is the value of work necessary torestore the building to its predamage condition, evenif the applicant is proposing less work.

To make a determination about whether a pro-posed repair, reconstruction, rehabilitation, additionor improvement of a building or structure will consti-tute a substantial improvement or repair of substan-tial damage, the cost of the proposed work must becompared to the market value of the building or struc-ture before the work is started or before the damageoccurred. To determine market value, the buildingofficial may require the applicant to provide suchinformation. Options for determining value aredescribed in FEMA P-758. If the building officialdetermines that the work is a substantial improve-ment or repair of substantial damage, the existingbuilding must be brought into compliance with theflood-resistance provisions of Section 1612. See theIEBC for requirements for alterations.

[A] 104.3 Notices and orders. The building official shallissue necessary notices or orders to ensure compliance withthis code.

An important element of code enforcement is the nec-essary advisement of deficiencies and corrections,which is accomplished through written notices andorders. The building official is required to issue ordersto abate illegal or unsafe conditions. Section 116.3contains additional information for these notices.

[A] 104.4 Inspections. The building official shall make therequired inspections, or the building official shall have theauthority to accept reports of inspection by approved agen-cies or individuals. Reports of such inspections shall be inwriting and be certified by a responsible officer of suchapproved agency or by the responsible individual. The build-ing official is authorized to engage such expert opinion as

deemed necessary to report upon unusual technical issues thatarise, subject to the approval of the appointing authority.

The building official is required to make inspectionsas necessary to determine compliance with the code,or to accept written reports of inspections by anapproved agency. The inspection of the work in prog-ress or accomplished is another significant element indetermining code compliance. While a departmentdoes not have the resources to inspect every aspectof all work, the required inspections are those that aredictated by administrative rules and proceduresbased on many parameters, including availableinspection resources. In order to expand the availableresources for inspection purposes, the building offi-cial may approve an agency that, in his or her opin-ion, complies with the criteria set forth in Section1703. When unusual, extraordinary or complex tech-nical issues arise relative to building safety, the build-ing official has the authority to seek the opinion andadvice of experts. Since this usually involves theexpenditure of funds, the approval of the jurisdiction’schief executive (or similar position) is required. Atechnical report from an expert requested by thebuilding official can be used to assist in the approvalprocess (also see Section 1704 for special inspectionrequirements).

[A] 104.5 Identification. The building official shall carryproper identification when inspecting structures or premisesin the performance of duties under this code.

This section requires the building official (including bydefinition all authorized designees) to carry identifica-tion in the course of conducting the duties of the posi-tion. This removes any question as to the purposeand authority of the inspector.

[A] 104.6 Right of entry. Where it is necessary to make aninspection to enforce the provisions of this code, or where thebuilding official has reasonable cause to believe that thereexists in a structure or upon a premises a condition that iscontrary to or in violation of this code that makes the struc-ture or premises unsafe, dangerous or hazardous, the buildingofficial is authorized to enter the structure or premises at rea-sonable times to inspect or to perform the duties imposed bythis code, provided that if such structure or premises be occu-pied that credentials be presented to the occupant and entryrequested. If such structure or premises is unoccupied, thebuilding official shall first make a reasonable effort to locatethe owner or other person having charge or control of thestructure or premises and request entry. If entry is refused, thebuilding official shall have recourse to the remedies providedby law to secure entry.

The first part of this section establishes the right ofthe building official to enter the premises in order tomake permit inspections required by Section 110.3.Permit application forms typically include a statementin the certification signed by the applicant (who is theowner or owner’s agent) granting the building official





the authority to enter areas covered by the permit inorder to enforce code provisions related to the permit.The right to enter other structures or premises ismore limited. First, to protect the right of privacy, theowner or occupant must grant the building official per-mission before an interior inspection of the propertycan be conducted. Permission is not required forinspections that can be accomplished from within thepublic right-of-way. Second, such access may bedenied by the owner or occupant. Unless the inspec-tor has reasonable cause to believe that a violation ofthe code exists, access may be unattainable. Third,building officials must present proper identification(see Section 104.5) and request admittance duringreasonable hours—usually the normal businesshours of the establishment—to be admitted. Fourth,inspections must be aimed at securing or determiningcompliance with the provisions and intent of the regu-lations that are specifically within the establishedscope of the building official’s authority.

Searches to gather information for the purpose ofenforcing other codes, ordinances or regulations areconsidered unreasonable and are prohibited by theFourth Amendment to the U.S. Constitution. “Rea-sonable cause” in the context of this section must bedistinguished from “probable cause,” which isrequired to gain access to property in criminal cases.The burden of proof establishing reasonable causemay vary among jurisdictions. Usually, an inspectormust show that the property is subject to inspectionunder the provisions of the code; that the interests ofthe public health, safety and welfare outweigh theindividual’s right to maintain privacy; and that such aninspection is required solely to determine compliancewith the provisions of the code.

Many jurisdictions do not recognize the concept ofan administrative warrant and may require the build-ing official to prove probable cause in order to gainaccess upon refusal. This burden of proof is usuallymore substantial, often requiring the building officialto stipulate in advance why access is needed (usuallyaccess is restricted to gathering evidence for seekingan indictment or making an arrest); what specificitems or information is sought; its relevance to thecase against the individual subject; how knowledge ofthe relevance of the information or items sought wasobtained, and how the evidence sought will be used.In all such cases, the right to privacy must always beweighed against the right of the building official toconduct an inspection to verify that public health,safety and welfare are not in jeopardy. Such impor-tant and complex constitutional issues should be dis-cussed with the jurisdiction’s legal counsel.Jurisdictions should establish procedures for secur-ing the necessary court orders when an inspection isdeemed necessary following a refusal.

[A] 104.7 Department records. The building official shallkeep official records of applications received, permits andcertificates issued, fees collected, reports of inspections, andnotices and orders issued. Such records shall be retained in

the official records for the period required for retention ofpublic records.

In keeping with the need for efficient business prac-tices, the building official must keep official recordspertaining to permit applications, permits, fees col-lected, inspections, notices and orders issued. Suchdocumentation provides a valuable resource of infor-mation if questions arise regarding the department’sactions with respect to a building. The code does notrequire that construction documents be kept after theproject is complete. It requires that other documentsbe kept for the length of time mandated by a jurisdic-tion’s or its state’s laws, or administrative rules forretaining public records.

Certain records related to buildings in flood hazardareas must be retained permanently in accordancewith the community’s agreement with the NationalFlood Insurance Program, including the lowest floorelevation information collected pursuant to Sections110.3.3, 110.3.10.1, and 1612.5; determinationsmade when work on existing buildings is proposed todetermine if the work constitutes substantial improve-ment or repair of substantial damage; and modifica-tions granted pursuant to Section 104.10.1.Communities agree to allow inspection of theserecords upon request by FEMA or the NFIP statecoordinating agency.

[A] 104.8 Liability. The building official, member of theboard of appeals or employee charged with the enforcementof this code, while acting for the jurisdiction in good faith andwithout malice in the discharge of the duties required by thiscode or other pertinent law or ordinance, shall not thereby becivilly or criminally rendered liable personally and is herebyrelieved from personal liability for any damage accruing topersons or property as a result of any act or by reason of anact or omission in the discharge of official duties.

The building official, other department employeesand members of the appeals board are not intendedto be held liable, either civilly or criminally, for thoseactions performed in accordance with the code in areasonable and lawful manner. The responsibility ofthe building official in this regard is subject to local,state and federal laws that may supersede this provi-sion.

[A] 104.8.1 Legal defense. Any suit or criminal complaintinstituted against an officer or employee because of an actperformed by that officer or employee in the lawful dischargeof duties and under the provisions of this code shall bedefended by legal representatives of the jurisdiction until thefinal termination of the proceedings. The building official orany subordinate shall not be liable for cost in any action, suitor proceeding that is instituted in pursuance of the provisionsof this code.

This section establishes that building officials (or sub-ordinates) must not be liable for costs in any legalaction instituted in response to the performance oflawful duties. These costs are to be borne by thestate, county or municipality. The best way to be cer-





tain that the building official’s action is a “lawful duty”is always to cite the applicable code section on whichthe enforcement action is based.

[A] 104.9 Approved materials and equipment. Materials,equipment and devices approved by the building official shallbe constructed and installed in accordance with suchapproval.

The code is a compilation of criteria with which mate-rials, equipment, devices and systems must complyto be suitable for a particular application. The buildingofficial has a duty to evaluate such materials, equip-ment, devices and systems for code compliance and,when compliance is determined, approve the samefor use. The materials, equipment, devices and sys-tems must be constructed and installed in compliancewith, and all conditions and limitations considered asa basis for, that approval. For example, the manufac-turer’s instructions and recommendations are to befollowed if the approval of the material was basedeven in part on those instructions and recommenda-tions. The approval authority given to the building offi-cial is a significant responsibility and is a key to codecompliance. The approval process is first technicaland then administrative and must be approached assuch. For example, if data to determine code compli-ance are required, such data should be in the form oftest reports or engineering analysis and not simplytaken from a sales brochure.

[A] 104.9.1 Used materials and equipment. The use of usedmaterials that meet the requirements of this code for newmaterials is permitted. Used equipment and devices shall notbe reused unless approved by the building official.

Code criteria for materials and equipment havechanged over the years. Evaluation of testing andmaterials technology has permitted the developmentof new criteria that old materials may not satisfy. As aresult, used materials are required to be evaluated inthe same manner as new materials. Used materials,equipment and devices must be equivalent to thatrequired by the code if they are to be used again in anew installation.

[A] 104.10 Modifications. Where there are practical difficul-ties involved in carrying out the provisions of this code, thebuilding official shall have the authority to grant modifica-tions for individual cases, upon application of the owner orthe owner’s authorized agent, provided that the building offi-cial shall first find that special individual reason makes thestrict letter of this code impractical, the modification is incompliance with the intent and purpose of this code and thatsuch modification does not lessen health, accessibility, lifeand fire safety or structural requirements. The details ofaction granting modifications shall be recorded and entered inthe files of the department of building safety.

The building official may amend or make exceptionsto the code as needed where strict compliance isimpractical. Only the building official has authority togrant modifications. Consideration of a particular diffi-

culty is to be based on the application of the ownerand a demonstration that the intent of the code isaccomplished. This section is not intended to permitsetting aside or ignoring a code provision; rather, it isintended to provide acceptance of equivalent protec-tion. Such modifications do not, however, extend toactions that are necessary to correct violations of thecode. In other words, a code violation or the expenseof correcting one cannot constitute a practical diffi-culty.

[A] 104.10.1 Flood hazard areas. The building official shallnot grant modifications to any provision required in floodhazard areas as established by Section 1612.3 unless a deter-mination has been made that:

1. A showing of good and sufficient cause that the uniquecharacteristics of the size, configuration or topographyof the site render the elevation standards of Section1612 inappropriate.

2. A determination that failure to grant the variance wouldresult in exceptional hardship by rendering the lotundevelopable.

3. A determination that the granting of a variance will notresult in increased flood heights, additional threats topublic safety, extraordinary public expense, cause fraudon or victimization of the public, or conflict with exist-ing laws or ordinances.

4. A determination that the variance is the minimum nec-essary to afford relief, considering the flood hazard.

5. Submission to the applicant of written notice specifyingthe difference between the design flood elevation andthe elevation to which the building is to be built, statingthat the cost of flood insurance will be commensuratewith the increased risk resulting from the reduced floorelevation, and stating that construction below thedesign flood elevation increases risks to life and prop-erty.

Before granting a modification related to the flood-resistant provisions of the code, the code official mustconsider the listed factors. This determination is con-sistent with the requirements of the National FloodInsurance Program regulations. The community mustconsider these factors in order to grant variances toprovide relief from selected provisions for flood-resis-tant construction. A record of the determination mustbe retained as part of the community’s permanentrecords.

Granting modifications from these provisions mayplace people and property at significant risk. There-fore, code officials are cautioned to carefully evaluatethe impacts, particularly the impact of modifications tothe requirements for elevated buildings. The factorsthat must be evaluated are listed and include:impacts on the site; the applicant and other partieswho may be affected, such as adjacent property own-ers; and the community as a whole. Floodplain devel-opment that is not undertaken in accordance with the





flood-resistance provisions of the code will beexposed to increased flood damage.

Any modification granted must be the minimumnecessary to afford relief. The code official mustaddress each listed factor, especially the requirementto determine whether the failure to grant the modifica-tion would result in exceptional hardship. Modifica-tions must be based solely on technical justificationsand unique characteristics of a site, and not on thepersonal circumstances of an owner or applicant.

In guidance materials, FEMA cautions that financialhardship, inconvenience, aesthetic considerations,physical handicaps, personal preferences or the dis-approval of one’s neighbors do not qualify as excep-tional hardships. Applicants sometimes requestvariances to the elevation requirements in order toimprove access for the disabled and the elderly. Gen-erally, variances of this nature should not be grantedbecause these are personal circumstances that willchange as the property changes ownership. Not onlywould persons of limited mobility be at risk, but abuilding that is below the required elevation wouldcontinue to be exposed to flood damage long after apersonal need ends.

Code officials are cautioned that granting a modifi-cation under this section does not affect how thebuilding will be rated for the purposes of federal floodinsurance. Even if circumstances justify granting amodification related to the elevation of buildings, therate used to calculate the cost of a federal flood insur-ance policy will be based on the risk to the building.Federal flood insurance, required by certain mort-gage lenders, may be extremely expensive. Althoughan owner may not be required to purchase floodinsurance, the requirement will be imposed on subse-quent owners. The code official is to provide theapplicant a written notice to this effect, along with theother cautions listed in this section.

[A] 104.11 Alternative materials, design and methods ofconstruction and equipment. The provisions of this codeare not intended to prevent the installation of any material orto prohibit any design or method of construction not specifi-cally prescribed by this code, provided that any such alterna-tive has been approved. An alternative material, design ormethod of construction shall be approved where the buildingofficial finds that the proposed design is satisfactory andcomplies with the intent of the provisions of this code, andthat the material, method or work offered is, for the purposeintended, not less than the equivalent of that prescribed in thiscode in quality, strength, effectiveness, fire resistance, dura-bility and safety. Where the alternative material, design ormethod of construction is not approved, the building officialshall respond in writing, stating the reasons why the alterna-tive was not approved.

The code is not intended to inhibit innovative ideas ortechnological advances. A comprehensive regulatorydocument, such as a building code, cannot envision

and then address all future innovations in the indus-try. As a result, a performance code must be applica-ble to and provide a basis for the approval of anincreasing number of newly developed, innovativematerials, systems and methods for which no codetext or referenced standards yet exist. The fact that amaterial, product or method of construction is notaddressed in the code is not an indication that suchmaterial, product or method is intended to be prohib-ited. The building official is expected to apply soundtechnical judgment in accepting materials, systems ormethods that, while not anticipated by the drafters ofthe current code text, can be demonstrated to offerequivalent performance. The code regulates new andinnovative construction practices while addressingthe relative safety of building occupants. The buildingofficial is responsible for determining if a requestedalternative provides the equivalent level of protectionof public health, safety and welfare as required by thecode. In order to ensure effective communication anddue process of law, if an alternative is not approved,the building official should state in writing the reasonsfor the disapproval. This is similar to when a permit isrejected in Section 105.3.1.

[A] 104.11.1 Research reports. Supporting data, where nec-essary to assist in the approval of materials or assemblies notspecifically provided for in this code, shall consist of validresearch reports from approved sources.

When an alternative material or method is proposedfor construction, it is incumbent upon the building offi-cial to determine whether this alternative is, in fact, anequivalent to the methods prescribed by the code.Reports providing evidence of this equivalency arerequired to be supplied by an approved source,meaning a source that the building official finds to bereliable and accurate. The ICC Evaluation Service isan example of an agency that provides researchreports for alternative materials and methods.

[A] 104.11.2 Tests. Whenever there is insufficient evidenceof compliance with the provisions of this code, or evidencethat a material or method does not conform to the require-ments of this code, or in order to substantiate claims for alter-native materials or methods, the building official shall havethe authority to require tests as evidence of compliance to bemade at no expense to the jurisdiction. Test methods shall beas specified in this code or by other recognized test standards.In the absence of recognized and accepted test methods, thebuilding official shall approve the testing procedures. Testsshall be performed by an approved agency. Reports of suchtests shall be retained by the building official for the periodrequired for retention of public records.

To provide the basis on which the building official canmake a decision regarding an alternative material ormethod, sufficient technical data, test reports anddocumentation must be provided for evaluation. Ifevidence satisfactory to the building official indicates





that the alternative material or construction method isequivalent to that required by the code, he or shemay approve it. Any such approval cannot have theeffect of waiving any requirements of the code. Theburden of proof of equivalence lies with the applicantwho proposes the use of alternative materials ormethods.

The building official must require the submission ofappropriate information and data to assist in thedetermination of equivalency. This information mustbe submitted before a permit can be issued. The typeof information required includes test data in accor-dance with referenced standards, evidence of compli-ance with the referenced standard specifications anddesign calculations. A research report issued by anauthoritative agency is particularly useful in providingthe building official with the technical basis for evalua-tion and approval of new and innovative materialsand methods of construction. The use of authoritativeresearch reports can greatly assist the building offi-cial by reducing the time-consuming engineeringanalysis necessary to review these materials andmethods. Failure to substantiate adequately arequest for the use of an alternative is a valid reasonfor the building official to deny a request. Any testssubmitted in support of an application must havebeen performed by an agency approved by the build-ing official based on evidence that the agency has thetechnical expertise, test equipment and quality assur-ance to properly conduct and report the necessarytesting. The test reports submitted to the building offi-cial must be retained in accordance with the require-ments of Section 104.7.

SECTION 105PERMITS

[A] 105.1 Required. Any owner or owner’s authorized agentwho intends to construct, enlarge, alter, repair, move, demol-ish or change the occupancy of a building or structure, or toerect, install, enlarge, alter, repair, remove, convert orreplace any electrical, gas, mechanical or plumbing system,the installation of which is regulated by this code, or to causeany such work to be performed, shall first make application tothe building official and obtain the required permit.

This section contains the administrative rules govern-ing the issuance, suspension, revocation or modifica-tion of building permits. It also establishes how andby whom the application for a building permit is to bemade, how it is to be processed, fees and what infor-mation it must contain or have attached to it.

In general, a permit is required for all activities thatare regulated by the code or its referenced codes(see Section 101.4), and these activities cannot beginuntil the permit is issued, unless the activity is specifi-cally exempted by Section 105.2. Only the owner or aperson authorized by the owner can apply for the per-

mit. Note that this section indicates a need for a per-mit for a change in occupancy, even if no work iscontemplated. Although the occupancy of a buildingor portion thereof may change and the new activity isstill classified in the same group, different code provi-sions may be applicable. The means of egress, struc-tural loads and light and ventilation provisions areexamples of requirements that are occupancy sensi-tive. The purpose of the permit is to cause the work tobe reviewed, approved and inspected to determinecompliance with the code.

[A] 105.1.1 Annual permit. Instead of an individual permitfor each alteration to an already approved electrical, gas,mechanical or plumbing installation, the building official isauthorized to issue an annual permit upon application there-for to any person, firm or corporation regularly employingone or more qualified tradepersons in the building, structureor on the premises owned or operated by the applicant for thepermit.

In some instances, such as large buildings or indus-trial facilities, the repair, replacement or alteration ofelectrical, gas, mechanical or plumbing systemsoccurs on a frequent basis, and this section allowsthe building official to issue an annual permit for thiswork. This relieves both the building department andthe owners of such facilities from the burden of filingand processing individual applications for this activity;however, there are restrictions on who is entitled tothese permits. They can be issued only for work on apreviously approved installation and only to an indi-vidual or corporation that employs persons specifi-cally qualified in the trade for which the permit isissued. If tradespeople who perform the workinvolved are required to be licensed in the jurisdiction,then only those persons would be permitted to per-form the work. If trade licensing is not required, thenthe building official needs to review and approve thequalifications of the persons who will be performingthe work. The annual permit can apply only to theindividual property that is owned or operated by theapplicant.

[A] 105.1.2 Annual permit records. The person to whom anannual permit is issued shall keep a detailed record of altera-tions made under such annual permit. The building officialshall have access to such records at all times or such recordsshall be filed with the building official as designated.

The work performed in accordance with an annualpermit must be inspected by the building official, so itis necessary to know the location of such work andwhen it was performed. This can be accomplished byhaving records of the work available to the buildingofficial either at the premises or in the official’s office,as determined by the official.

[A] 105.2 Work exempt from permit. Exemptions frompermit requirements of this code shall not be deemed to grantauthorization for any work to be done in any manner in viola-





tion of the provisions of this code or any other laws or ordi-nances of this jurisdiction. Permits shall not be required forthe following:

Building:1. One-story detached accessory structures used as

tool and storage sheds, playhouses and similaruses, provided the floor area is not greater than 120square feet (11 m2).

2. Fences not over 7 feet (2134 mm) high. 3. Oil derricks.4. Retaining walls that are not over 4 feet (1219 mm)

in height measured from the bottom of the footingto the top of the wall, unless supporting a sur-charge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if thecapacity is not greater than 5,000 gallons (18 925L) and the ratio of height to diameter or width isnot greater than 2:1.

6. Sidewalks and driveways not more than 30 inches(762 mm) above adjacent grade, and not over anybasement or story below and are not part of anaccessible route.

7. Painting, papering, tiling, carpeting, cabinets,counter tops and similar finish work.

8. Temporary motion picture, television and theaterstage sets and scenery.

9. Prefabricated swimming pools accessory to aGroup R-3 occupancy that are less than 24 inches(610 mm) deep, are not greater than 5,000 gallons(18 925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery oragricultural purposes, not including service sys-tems.

11. Swings and other playground equipment accessoryto detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupan-cies, supported by an exterior wall that do not proj-ect more than 54 inches (1372 mm) from theexterior wall and do not require additional support.

13. Nonfixed and movable fixtures, cases, racks, coun-ters and partitions not over 5 feet 9 inches (1753mm) in height.

Electrical:Repairs and maintenance: Minor repair work, includ-ing the replacement of lamps or the connection ofapproved portable electrical equipment to approvedpermanently installed receptacles.Radio and television transmitting stations: The pro-visions of this code shall not apply to electrical equip-ment used for radio and television transmissions, but doapply to equipment and wiring for a power supply andthe installations of towers and antennas.Temporary testing systems: A permit shall not berequired for the installation of any temporary system

required for the testing or servicing of electrical equip-ment or apparatus.

Gas:1. Portable heating appliance.2. Replacement of any minor part that does not alter

approval of equipment or make such equipmentunsafe.

Mechanical:1. Portable heating appliance.2. Portable ventilation equipment.3. Portable cooling unit.4. Steam, hot or chilled water piping within any heat-

ing or cooling equipment regulated by this code.5. Replacement of any part that does not alter its

approval or make it unsafe.6. Portable evaporative cooler.7. Self-contained refrigeration system containing 10

pounds (4.54 kg) or less of refrigerant and actuatedby motors of 1 horsepower (0.75 kW) or less.

Plumbing:1. The stopping of leaks in drains, water, soil, waste or

vent pipe, provided, however, that if any concealedtrap, drain pipe, water, soil, waste or vent pipebecomes defective and it becomes necessary toremove and replace the same with new material,such work shall be considered as new work and apermit shall be obtained and inspection made as pro-vided in this code.

2. The clearing of stoppages or the repairing of leaks inpipes, valves or fixtures and the removal and rein-stallation of water closets, provided such repairs donot involve or require the replacement or rearrange-ment of valves, pipes or fixtures.

Section 105.1 essentially requires a permit for anyactivity involving work on a building, its systems andother structures. This section lists those activities thatare permitted to take place without first obtaining apermit from the building department. Note that insome cases, such as Items 9, 10, 11 and 12, thework is exempt only for certain occupancies. It is fur-ther the intent of the code that even though work maybe exempted for permit purposes, it must still complywith the code and the owner is responsible for properand safe construction for all work being done. Workexempted by the codes adopted by reference in Sec-tion 101.4 is also included here. However, even if apermit is not required, construction must not violateany code provisions. For example: If you replace asink faucet, you don’t need a permit, but the faucetwould still have to meet material standard and waterflow requirements in Chapter 6 of the IPC.

In flood hazard areas, work exempt from a permitmust still be undertaken in ways that minimize flooddamage. Accessory structures below the design floodelevation must be anchored to prevent flotation, have





flood openings, be made of flood damage-resistantmaterials. Equipment and electrical service must alsobe elevated above the design flood elevation. Watertanks on grade must be anchored to prevent flotation,collapse or lateral movement. Additional descriptionsof how the listed activities should be performed inorder to meet the intent are found in the commentaryfor Appendix G.

[A] 105.2.1 Emergency repairs. Where equipment replace-ments and repairs must be performed in an emergency situa-tion, the permit application shall be submitted within the nextworking business day to the building official.

This section recognizes that in some cases, emer-gency replacement and repair work must be done asquickly as possible, so it is not practical to take thenecessary time to apply for and obtain approval. Apermit for the work must be obtained the next daythat the building department is open for business.Any work performed before the permit is issued mustbe done in accordance with the code and corrected ifnot approved by the building official. For example, if aconcealed trap failed on a Sunday, the plumber couldreplace the trap at that time, but he would have toapply for a permit on Monday and have the repairpass an inspection.

[A] 105.2.2 Repairs. Application or notice to the buildingofficial is not required for ordinary repairs to structures,replacement of lamps or the connection of approved portableelectrical equipment to approved permanently installedreceptacles. Such repairs shall not include the cutting awayof any wall, partition or portion thereof, the removal or cut-ting of any structural beam or load-bearing support, or theremoval or change of any required means of egress, or rear-rangement of parts of a structure affecting the egress require-ments; nor shall ordinary repairs include addition to,alteration of, replacement or relocation of any standpipe,water supply, sewer, drainage, drain leader, gas, soil, waste,vent or similar piping, electric wiring or mechanical or otherwork affecting public health or general safety.

This section distinguishes between what might betermed by some as repairs but are in fact alterations,wherein the code is to be applicable, and ordinaryrepairs, which are maintenance activities that do notrequire a permit.

[A] 105.2.3 Public service agencies. A permit shall not berequired for the installation, alteration or repair of genera-tion, transmission, distribution or metering or other relatedequipment that is under the ownership and control of publicservice agencies by established right.

Utilities that supply electricity, gas, water, telephone,television cable, etc., do not require permits for workinvolving the transmission lines and metering equip-ment that they own and control; that is, to their pointof delivery. Utilities are typically regulated by otherlaws that give them specific rights and authority inthis area. Any equipment or appliances installed orserviced by such agencies that are not owned by

them and under their full control are not exempt froma permit.

[A] 105.3 Application for permit. To obtain a permit, theapplicant shall first file an application therefor in writing on aform furnished by the department of building safety for thatpurpose. Such application shall:

1. Identify and describe the work to be covered by thepermit for which application is made.

2. Describe the land on which the proposed work is to bedone by legal description, street address or similardescription that will readily identify and definitelylocate the proposed building or work.

3. Indicate the use and occupancy for which the proposedwork is intended.

4. Be accompanied by construction documents and otherinformation as required in Section 107.

5. State the valuation of the proposed work.6. Be signed by the applicant, or the applicant’s autho-

rized agent.7. Give such other data and information as required by the

building official.This section requires that a written application for apermit be filed on forms provided by the buildingdepartment and details the information required onthe application. Permit forms will typically have suffi-cient space to write a very brief description of thework to be accomplished, which is sufficient for onlysmall jobs. For larger projects, the description will beaugmented by construction documents as indicatedin Item 4. As required by Section 105.1, the applicantmust be the owner of the property or an authorizedagent of the owner, such as an engineer, architect,contractor, tenant or other. The applicant must signthe application, and permit forms typically include astatement that if the applicant is not the owner, he orshe has permission from the owner to make the appli-cation.

[A] 105.3.1 Action on application. The building officialshall examine or cause to be examined applications for per-mits and amendments thereto within a reasonable time afterfiling. If the application or the construction documents do notconform to the requirements of pertinent laws, the buildingofficial shall reject such application in writing, stating the rea-sons therefor. If the building official is satisfied that the pro-posed work conforms to the requirements of this code andlaws and ordinances applicable thereto, the building officialshall issue a permit therefor as soon as practicable.

This section requires the building official to act withreasonable speed on a permit application. In someinstances, this time period is set by state or local law.The building official must refuse to issue a permitwhen the application and accompanying documentsdo not conform to the code. In order to ensure effec-tive communication and due process of law, the rea-sons for denial of an application for a permit are





required to be in writing. Once the building officialdetermines that the work described conforms to thecode and other applicable laws, the permit must beissued upon payment of the fees required by Section109.

[A] 105.3.2 Time limitation of application. An applicationfor a permit for any proposed work shall be deemed to havebeen abandoned 180 days after the date of filing, unless suchapplication has been pursued in good faith or a permit hasbeen issued; except that the building official is authorized togrant one or more extensions of time for additional periodsnot exceeding 90 days each. The extension shall be requestedin writing and justifiable cause demonstrated.

Typically, an application for a permit is submitted andgoes through a review process that ends with theissuance of a permit. If a permit has not been issuedwithin 180 days after the date of filing, the applicationis considered abandoned, unless the applicant wasdiligent in efforts to obtain the permit. The buildingofficial has the authority to extend this time limitation(in increments of 90 days), provided there is reason-able cause. This would cover delays beyond theapplicant’s control, such as prerequisite permits orapprovals from other authorities within the jurisdictionor state. The intent of this section is to limit the timebetween the review process and the issuance of apermit.

[A] 105.4 Validity of permit. The issuance or granting of apermit shall not be construed to be a permit for, or anapproval of, any violation of any of the provisions of thiscode or of any other ordinance of the jurisdiction. Permitspresuming to give authority to violate or cancel the provi-sions of this code or other ordinances of the jurisdiction shallnot be valid. The issuance of a permit based on constructiondocuments and other data shall not prevent the building offi-cial from requiring the correction of errors in the constructiondocuments and other data. The building official is authorizedto prevent occupancy or use of a structure where in violationof this code or of any other ordinances of this jurisdiction.

This section states the fundamental premise that thepermit is only a license to proceed with the work. It isnot a license to violate, cancel or set aside any provi-sions of the code. This is significant because itmeans that despite any errors or oversights in theapproval process, the permit applicant, not the build-ing official, is responsible for code compliance. Also,the permit can be suspended or revoked in accor-dance with Section 105.6.

[A] 105.5 Expiration. Every permit issued shall becomeinvalid unless the work on the site authorized by such permitis commenced within 180 days after its issuance, or if thework authorized on the site by such permit is suspended orabandoned for a period of 180 days after the time the work iscommenced. The building official is authorized to grant, inwriting, one or more extensions of time, for periods not more

than 180 days each. The extension shall be requested in writ-ing and justifiable cause demonstrated.

The permit becomes invalid under two distinct situa-tions—both based on a 180-day period. The first situ-ation is when no work was initiated 180 days fromissuance of a permit. The second situation is whenthe authorized work has stopped for 180 days. Theperson who was issued the permit should be notified,in writing, that the permit is invalid and what stepsmust be taken to reinstate it and restart the work. Thebuilding official has the authority to extend this timelimitation (in increments of 180 days), provided theextension is requested in writing and there is reason-able cause, which typically includes events beyondthe permit holder’s control.

[A] 105.6 Suspension or revocation. The building official isauthorized to suspend or revoke a permit issued under theprovisions of this code wherever the permit is issued in erroror on the basis of incorrect, inaccurate or incomplete informa-tion, or in violation of any ordinance or regulation or any ofthe provisions of this code.

A permit is a license to proceed with the work. Thebuilding official, however, can suspend or revoke per-mits shown to be based, all or in part, on any falsestatement or misrepresentation of fact. A permit canalso be suspended or revoked if it was issued inerror, such as an omitted prerequisite approval orcode violation indicated on the construction docu-ments. An applicant may subsequently apply for areinstatement of the permit with the appropriate cor-rections or modifications made to the application andconstruction documents.

[A] 105.7 Placement of permit. The building permit or copyshall be kept on the site of the work until the completion ofthe project.

The permit, or copy thereof, is to be kept on the jobsite until the work is complete, and made available tothe building official or representative to convenientlymake required entries thereon.

SECTION 106FLOOR AND ROOF DESIGN LOADS

[A] 106.1 Live loads posted. In commercial or industrialbuildings, for each floor or portion thereof designed for liveloads exceeding 50 psf (2.40 kN/m2), such design live loadsshall be conspicuously posted by the owner or the owner’sauthorized agent in that part of each story in which theyapply, using durable signs. It shall be unlawful to remove ordeface such notices.

This section requires that live loads be posted formost occupancies, since many of the live loads spec-ified in Table 1607.1 exceed 50 pounds per squarefoot (psf) (2.40 kN/m2). Where part of the floor is





designed for 50 psf (2.40 kN/m2) or less and part formore than 50 psf (2.40 kN/m2), the live loads arerequired to be posted for those portions more than 50psf (2.40 kN/m2). The code requires that the postingbe done in the part where it applies. For example, anassembly area such as a restaurant would need tohave the live load posted in the dining room.

This live load posting gives the building departmenteasy access to the information for field verification. Italso serves as a notice of the loading restriction thatis stated in Section 106.3.

[A] 106.2 Issuance of certificate of occupancy. A certificateof occupancy required by Section 111 shall not be issueduntil the floor load signs, required by Section 106.1, havebeen installed.

The design live load signs required by Section 106.1need to be in place prior to the occupancy of thebuilding for reference purposes. They serve as arecord of the structural design loads for future refer-ence, particularly when a change in occupancy iscontemplated.

[A] 106.3 Restrictions on loading. It shall be unlawful toplace, or cause or permit to be placed, on any floor or roof ofa building, structure or portion thereof, a load greater than ispermitted by this code.

The design live load signs required by Section 106.1need to be in place prior to the occupancy of thebuilding for reference purposes. They serve as arecord of the structural design loads for future refer-ence, particularly when a change in occupancy iscontemplated.

SECTION 107SUBMITTAL DOCUMENTS

[A] 107.1 General. Submittal documents consisting of con-struction documents, statement of special inspections, geo-technical report and other data shall be submitted in two ormore sets with each permit application. The construction doc-uments shall be prepared by a registered design professionalwhere required by the statutes of the jurisdiction in which theproject is to be constructed. Where special conditions exist,the building official is authorized to require additional con-struction documents to be prepared by a registered designprofessional.

Exception: The building official is authorized to waive thesubmission of construction documents and other data notrequired to be prepared by a registered design professionalif it is found that the nature of the work applied for is suchthat review of construction documents is not necessary toobtain compliance with this code.This section establishes the requirement to providethe building official with construction drawings, speci-fications and other documents that describe thestructure or system for which a permit is sought (seeSection 202 for a complete definition). It describesthe information that must be included in the docu-ments, who must prepare them and procedures for

approving them.A detailed description of the work for which an

application is made must be submitted. When thework can be briefly described on the application formand the services of a registered design professionalare not required, the building official may utilize judg-ment in determining the need for detailed documents.An example of work that may not involve the submis-sion of detailed construction documents is thereplacement of an existing 60-amp electrical servicewith a 200-amp service. Other sections of the codealso contain specific requirements for constructiondocuments, such as Sections 1603, 1901.5, 2111.2,2207.2 and 3103.2. These provisions are intended toreflect the minimum scope of information needed todetermine code compliance. Although this sectionspecifies that “one or more” sets of construction doc-uments be submitted, note that Section 106.3.1requires one set of approved documents be retainedby the building official and one set be returned to theapplicant, essentially requiring at least two sets ofconstruction documents. The building official shouldestablish a consistent policy of the number of setsrequired by the jurisdiction and make this informationreadily available to applicants.

This section also requires the building official todetermine that any state professional registrationlaws be complied with as they apply to the prepara-tion of construction documents.

[A] 107.2 Construction documents. Construction docu-ments shall be in accordance with Sections 107.2.1 through107.2.6.

This section provides instructions regarding the infor-mation and form of construction documents.

[A] 107.2.1 Information on construction documents. Con-struction documents shall be dimensioned and drawn uponsuitable material. Electronic media documents are permittedto be submitted where approved by the building official. Con-struction documents shall be of sufficient clarity to indicatethe location, nature and extent of the work proposed andshow in detail that it will conform to the provisions of thiscode and relevant laws, ordinances, rules and regulations, asdetermined by the building official.

The construction documents are required to be of aquality and detail such that the building official candetermine whether the work conforms to the codeand other applicable laws and regulations. Generalstatements on the documents, such as “all work mustcomply with the International Building Code®,” are notan acceptable substitute for showing the requiredinformation. The following subsections and sectionsin other chapters indicated in the commentary to Sec-tions 107.2.2 through 107.2.6 specify the detailedinformation that must be shown on the submitted doc-uments. Where specifically allowed by the buildingofficial, documents can be submitted in electronicform.

[A] 107.2.2 Fire protection system shop drawings. Shopdrawings for the fire protection system(s) shall be submitted





to indicate conformance to this code and the constructiondocuments and shall be approved prior to the start of systeminstallation. Shop drawings shall contain all information asrequired by the referenced installation standards in Chapter 9.

Since the fire protection contractor(s) may not beselected at the time a permit is issued for construc-tion of a building, detailed shop drawings for fire pro-tection systems are not available. Because theyprovide the information necessary to determine codecompliance, as specified in the appropriate refer-enced standard in Chapter 9, they must be submittedand approved by the building official before the con-tractor can begin installing the system. For example,the professional responsible for the design of anautomatic sprinkler system should determine that thewater supply is adequate, but will not be able to pre-pare a final set of hydraulic calculations if the specificmaterials and pipe sizes, lengths and arrangementshave not been identified. Once the installing contrac-tor is selected, specific hydraulic calculations can beprepared. Factors, such as classification of the haz-ard, amount of water supply available and the densityor concentration to be achieved by the system, are tobe included with the submission of the shop draw-ings. Specific data sheets identifying sprinklers, pipedimensions, power requirements for smoke detec-tors, etc., should also be included with the submis-sion.

[A] 107.2.3 Means of egress. The construction documentsshall show in sufficient detail the location, construction, sizeand character of all portions of the means of egress includingthe path of the exit discharge to the public way in compliancewith the provisions of this code. In other than occupancies inGroups R-2, R-3, and I-1, the construction documents shalldesignate the number of occupants to be accommodated onevery floor, and in all rooms and spaces.

The complete means of egress system is required tobe indicated on the plans to allow the building officialto initiate a review and identify pertinent code require-ments for each component. Additionally, requiringsuch information to be reflected in the constructiondocuments requires the designer not only to becomefamiliar with the code, but also to be aware of egressprinciples, concepts and purposes. The need toensure that the means of egress leads to a publicway is also a consideration during the plan review.Such an evaluation cannot be made without the inclu-sion of a site plan, as required by Section 107.2.5.

Information essential for determining the requiredcapacity (see Section 1005) and number (see Sec-tions 1006) of egress components from a space mustbe provided. The designer must be aware of theoccupancy of a space and properly identify that infor-mation, along with its resultant occupant load, on theconstruction documents. In occupancies in Groups I-1, R-2 and R-3, the occupant load can be readilydetermined with little difference in the number so thatthe designation of the occupant load on the construc-tion documents is not required.

The exit discharge path to the public way must alsobe shown on the construction documents. The exitdischarge path to the public way is an important com-ponent of the means of egress system for all build-ings or structures. The exit discharge path needs tobe delineated on the submitted and approved plansto ensure the path is reviewed for compliance withthe provisions of the code. This will also provide anhistorical reference once the building is occupied toensure the exit discharge path is maintained asintended for the life of the building or structure unlessmodifications are approved.

[A] 107.2.4 Exterior wall envelope. Construction documentsfor all buildings shall describe the exterior wall envelope insufficient detail to determine compliance with this code. Theconstruction documents shall provide details of the exteriorwall envelope as required, including flashing, intersectionswith dissimilar materials, corners, end details, control joints,intersections at roof, eaves or parapets, means of drainage,water-resistive membrane and details around openings.

The construction documents shall include manufacturer’sinstallation instructions that provide supporting documenta-tion that the proposed penetration and opening detailsdescribed in the construction documents maintain the weatherresistance of the exterior wall envelope. The supporting docu-mentation shall fully describe the exterior wall system thatwas tested, where applicable, as well as the test procedureused.

This section specifically identifies details of exteriorwall construction that are critical to the weather resis-tance of the wall and requires those details to be pro-vided on the construction documents. Where theweather resistance of the exterior wall assembly isbased on tests, the submitted documentation is todescribe the details of the wall envelope and the testprocedure that was used. This provides the buildingofficial with the information necessary to determinecode compliance.

[A] 107.2.5 Site plan. The construction documents submittedwith the application for permit shall be accompanied by a siteplan showing to scale the size and location of new construc-tion and existing structures on the site, distances from lotlines, the established street grades and the proposed finishedgrades and, as applicable, flood hazard areas, floodways, anddesign flood elevations; and it shall be drawn in accordancewith an accurate boundary line survey. In the case of demoli-tion, the site plan shall show construction to be demolishedand the location and size of existing structures and construc-tion that are to remain on the site or plot. The building officialis authorized to waive or modify the requirement for a siteplan where the application for permit is for alteration orrepair or where otherwise warranted.

Certain code requirements are dependent on thestructure’s location on the lot (see Sections 506.3,507, 705, 1027 and 1206), the topography of the site(see Sections 1104, 1107.4, 1107.7.4 and 1804.4),and whether the site has flood hazard areas (seeSections 1612 and 1804.4). As a result, a scaled site





plan containing the data listed in this section isrequired to permit review for compliance. The build-ing official can waive the requirement for a site planwhen it is not required to determine code compliance,such as for work involving only interior alterations orrepairs.

[A] 107.2.5.1 Design flood elevations. Where design floodelevations are not specified, they shall be established inaccordance with Section 1612.3.1.

Some Flood Insurance Rate Maps (FIRMs) preparedby FEMA show mapped special flood hazard areasthat do not have either flood elevations or floodwaydesignations (floodways are areas along riverine bod-ies of water where the water will be deeper and flowfaster during flooding conditions). Section 1612.3gives the authority to the code official to require useof data which may be obtained from other sources, orto require the applicant to develop flood hazard data.

[A] 107.2.6 Structural information. The construction docu-ments shall provide the information specified in Section1603.

The purpose of this reference to Section 1603 is as areminder that there are requirements for structuralinformation to be part of the construction documents.Section 1603 requires the design professional to pro-vide appropriate structural details, criteria and designload data for verifying compliance with the provisionsof Chapters 16 through 23. See the commentary toSection 1603 for additional information.

[A] 107.3 Examination of documents. The building officialshall examine or cause to be examined the accompanyingsubmittal documents and shall ascertain by such examina-tions whether the construction indicated and described is inaccordance with the requirements of this code and other perti-nent laws or ordinances.

The requirements of this section are related to thosefound in Section 105.3.1 regarding the action of thebuilding official in response to a permit application.The building official can delegate review of the con-struction documents to subordinates as provided forin Section 103.3.

[A] 107.3.1 Approval of construction documents. Whenthe building official issues a permit, the construction docu-ments shall be approved, in writing or by stamp, as“Reviewed for Code Compliance.” One set of constructiondocuments so reviewed shall be retained by the building offi-cial. The other set shall be returned to the applicant, shall bekept at the site of work and shall be open to inspection by thebuilding official or a duly authorized representative.

The building official must stamp or otherwise endorseas “Reviewed for Code Compliance” the constructiondocuments on which the permit is based. One set ofapproved construction documents must be kept onthe construction site to serve as the basis for all sub-sequent inspections. To avoid confusion, the con-struction documents on the site must be thedocuments that were approved and stamped. This is

because inspections are to be performed with regardto the approved documents, not the code itself. Addi-tionally, the contractor cannot determine compliancewith the approved construction documents unlessthey are readily available. If the approved construc-tion documents are not available, the inspectionshould be postponed and work on the project halted.

[A] 107.3.2 Previous approvals. This code shall not requirechanges in the construction documents, construction or desig-nated occupancy of a structure for which a lawful permit hasbeen heretofore issued or otherwise lawfully authorized, andthe construction of which has been pursued in good faithwithin 180 days after the effective date of this code and hasnot been abandoned.

If a permit is issued and construction proceeds at anormal pace and a new edition of the code is adoptedby the legislative body, requiring that the building beconstructed to conform to the new code is unreason-able. This section provides for the continuity of per-mits issued under previous codes, as long as suchpermits are being “actively prosecuted” subsequentto the effective date of the ordinance adopting thisedition of the code.

[A] 107.3.3 Phased approval. The building official is autho-rized to issue a permit for the construction of foundations orany other part of a building or structure before the construc-tion documents for the whole building or structure have beensubmitted, provided that adequate information and detailedstatements have been filed complying with pertinent require-ments of this code. The holder of such permit for the founda-tion or other parts of a building or structure shall proceed atthe holder’s own risk with the building operation and withoutassurance that a permit for the entire structure will be granted.

The building official has the authority to issue a partialpermit to allow for the practice of “fast tracking” a job.Any construction under a partial permit is “at theholder’s own risk” and “without assurance that a per-mit for the entire structure will be granted.” The build-ing official is under no obligation to accept work orissue a complete permit in violation of the code, ordi-nances or statutes simply because a partial permithad been issued. Fast tracking puts an unusualadministrative and technical burden on the buildingofficial. The purpose is to proceed with constructionwhile the design continues for other aspects of thework. Coordinating and correlating the code aspectsinto the project in phases requires attention to detailand project tracking so that all code issues areaddressed. The coordination of these submittals isthe responsibility of the registered design profes-sional in responsible charge described in Section107.3.4.

[A] 107.3.4 Design professional in responsible charge.Where it is required that documents be prepared by a regis-tered design professional, the building official shall be autho-rized to require the owner or the owner’s authorized agent toengage and designate on the building permit application aregistered design professional who shall act as the registered





design professional in responsible charge. If the circum-stances require, the owner or the owner’s authorized agentshall designate a substitute registered design professional inresponsible charge who shall perform the duties required ofthe original registered design professional in responsiblecharge. The building official shall be notified in writing bythe owner or the owner’s authorized agent if the registereddesign professional in responsible charge is changed or isunable to continue to perform the duties.

The registered design professional in responsible chargeshall be responsible for reviewing and coordinating submittaldocuments prepared by others, including phased and deferredsubmittal items, for compatibility with the design of thebuilding.

At the time of permit application and at various inter-vals during a project, the code requires detailed tech-nical information to be submitted to the buildingofficial. This will vary depending on the complexity ofthe project, but typically includes the constructiondocuments with supporting information, applicationsutilizing the phased approval procedure in Section107.3.3 and reports from engineers, inspectors andtesting agencies required in Chapter 17. Since thesedocuments and reports are prepared by numerousindividuals, firms and agencies, it is necessary tohave a single person charged with responsibility forcoordinating their submittal to the building official.This person is the point of contact for the building offi-cial for all information relating to the project. Other-wise, the building official could waste time and effortattempting to locate the source of accurate informa-tion when trying to resolve an issue such as a dis-crepancy in plans submitted by different designers.The requirement that the owner or their representa-tive engage a person to act as the design profes-sional in responsible charge is applicable to projectswhere the construction documents are required bylaw to be prepared by a registered design profes-sional (see Section 107.1) and where required by thebuilding official. The person employed by the ownerto act as the design professional in responsiblecharge must be identified on the permit application,but the owner can change the designated person atany time during the course of the review process orwork, provided the building official is so notified inwriting.

[A] 107.3.4.1 Deferred submittals. Deferral of any submittalitems shall have the prior approval of the building official.The registered design professional in responsible chargeshall list the deferred submittals on the construction docu-ments for review by the building official.

Documents for deferred submittal items shall be submittedto the registered design professional in responsible chargewho shall review them and forward them to the building offi-cial with a notation indicating that the deferred submittal doc-uments have been reviewed and found to be in general

conformance to the design of the building. The deferred sub-mittal items shall not be installed until the deferred submittaldocuments have been approved by the building official.

“Deferred submittals” is defined in Chapter 2. Often,especially on larger projects, details of certain build-ing parts are not available at the time of permit issu-ance because they have not yet been designed; forexample, exterior cladding, prefabricated items suchas trusses and stairs and the components of fire pro-tection systems (see Section 107.2.2). The designprofessional in responsible charge must identify onthe construction documents the items to be includedin any deferred submittals. Documents required forthe approval of deferred items must be reviewed bythe design professional in responsible charge forcompatibility with the design of the building, for-warded to the building official with a notation that thisis the case and approved by the building officialbefore installation of the items. Sufficient time mustbe allowed for the approval process. Note thatdeferred submittals differ from the phased permitsdescribed in Section 107.3.3 in that they occur afterthe permit for the building is issued and are not forwork covered by separate permits.

[A] 107.4 Amended construction documents. Work shallbe installed in accordance with the approved constructiondocuments, and any changes made during construction thatare not in compliance with the approved construction docu-ments shall be resubmitted for approval as an amended set ofconstruction documents.

Any amendments to the approved construction docu-ments must be filed before constructing the amendeditem. In the broadest sense, amendments include alladdenda, change orders, revised drawings andmarked-up shop drawings. Building officials shouldmaintain a policy that all amendments be submittedfor review. Otherwise, a significant amendment maynot be submitted because of misinterpretation, result-ing in an activity that is not approved and that causesa needless delay in obtaining approval of the finishedwork.

[A] 107.5 Retention of construction documents. One set ofapproved construction documents shall be retained by thebuilding official for a period of not less than 180 days fromdate of completion of the permitted work, or as required bystate or local laws.

A set of the approved construction documents mustbe kept by the building official as may be required bystate or local laws, but for a period of not less than180 days after the work is complete. Questionsregarding an item shown on the approved documentsmay arise in the period immediately following comple-tion of the work and the documents should be avail-able for review. See Section 104.7 for requirementsto retain other records that are generated as a resultof the work.





SECTION 108TEMPORARY STRUCTURES AND USES

[A] 108.1 General. The building official is authorized toissue a permit for temporary structures and temporary uses.Such permits shall be limited as to time of service, but shallnot be permitted for more than 180 days. The building officialis authorized to grant extensions for demonstrated cause.

In the course of construction or other activities, struc-tures that have a limited service life are often neces-sary. This section contains the administrativeprovisions that permit such temporary structures with-out full compliance with the code requirements forpermanently occupied structures. This section shouldnot be confused with the scope of Section 3103,which regulates temporary structures larger than 120square feet (11 m2) in area.

This section allows the building official to issue per-mits for temporary structures or uses. The applicantmust specify the time period desired for the tempo-rary structure or use, but the approval period cannotexceed 180 days. Structures or uses that are tempo-rary but are anticipated to be in existence for morethan 180 days are required to conform to coderequirements for permanent structures and uses. Thesection also authorizes the building official to grantextensions to this time period if the applicant can pro-vide a valid reason for the extension, which typicallyincludes circumstances beyond the applicant’s con-trol. This provision is not intended to be used to cir-cumvent the 180-day limitation.

[A] 108.2 Conformance. Temporary structures and usesshall comply with the requirements in Section 3103.

By a reference to Section 3103, this indicates thatstructures that will be permitted for a period of 180days or less will comply with the IFC and the IBC. IBCprovisions (see Section 3103.1.1) include those deal-ing with structural strength, fire safety, means ofegress, accessibility, light, ventilation and sanitationrequirements. These categories of the code must becomplied with, despite the fact that the structure willbe removed or the use discontinued. These criteriaare essential for measuring the safety of any struc-ture or use, temporary or permanent; therefore, theapplication of these criteria to a temporary structurecannot be waived.

“Structural strength” refers to the ability of the tem-porary structure to resist anticipated live, environ-mental and dead loads (see Chapter 16). It alsoapplies to anticipated live and dead loads imposed bya temporary use in an existing structure.

“Fire safety” provisions are those required byChapters 7, 8 and 9, invoked by virtue of the struc-ture’s size, use or location on the property.

“Means of egress” refers to full compliance withChapter 10.

“Accessibility” refers to full compliance with Chap-ter 11 for making buildings accessible to physicallydisabled persons, a requirement that is repeated inSection 1103.1.

“Light, ventilation and sanitary” requirements arethose imposed by Chapter 12 of the code or applica-ble sections of the IPC or IMC.

If temporary structures are permitted in flood haz-ard areas established by Section 1612, a certain levelof conformance is appropriate in order to minimizethe likelihood of increasing flood heights or flooddamage. Communities that participate in the NFIPmust take the following measures into consideration:1. Anchoring should be required to prevent flotationand movement during conditions of the base flood; 2.In A Zones, walled and roofed structures with floorsbelow the elevation required by Section 1612 shouldhave flood openings to minimize hydrostatic loads(see ASCE 24); 3. Portions of structures that arebelow the elevation required by Section 1612 must beconstructed of flood damage-resistant materials; 4. Ifthe structures have utility service or contain equip-ment, those elements should be elevated above theDFE; and 5. Placement in floodways and flood haz-ard areas subject to high-velocity wave action (VZones) should be avoided.

[A] 108.3 Temporary power. The building official is autho-rized to give permission to temporarily supply and use powerin part of an electric installation before such installation hasbeen fully completed and the final certificate of completionhas been issued. The part covered by the temporary certificateshall comply with the requirements specified for temporarylighting, heat or power in NFPA 70.

Commonly, the electrical service on most construc-tion sites is installed and energized long before all ofthe wiring is completed. This procedure allows thepower supply to be increased as constructiondemands. However, temporary permission is notintended to waive the requirements set forth in NFPA70. Construction power from the permanent wiring ofthe building does not require the installation of tempo-rary ground-fault circuit-interrupter (GFCI) protectionor the assured equipment grounding program,because the building wiring installed as required bythe code should be as safe for use during construc-tion as it would be for use after completion of thebuilding.

[A] 108.4 Termination of approval. The building official isauthorized to terminate such permit for a temporary structureor use and to order the temporary structure or use to be dis-continued.

This section provides the building official with thenecessary authority to terminate the permit for a tem-porary structure or use. The building official can orderthat a temporary structure be removed or a temporaryuse be discontinued if conditions of the permit havebeen violated or the structure or use poses an immi-nent hazard to the public, in which case the provi-sions of Section 116 become applicable. This text isimportant because it allows the building official to actquickly when time is of the essence in order to protectpublic health, safety and welfare.





SECTION 109FEES

[A] 109.1 Payment of fees. A permit shall not be valid untilthe fees prescribed by law have been paid, nor shall anamendment to a permit be released until the additional fee, ifany, has been paid.

The code anticipates that jurisdictions will establishtheir own fee schedules. It is the intent that the feescollected by the department for building permit issu-ance, plan review and inspection be adequate tocover the costs to the department in these areas. Ifthe department has additional duties, then its budgetwill need to be supplemented from the general fund.This section requires that all fees be paid prior to per-mit issuance or release of an amendment to a permit.Since department operations are intended to be sup-ported by fees paid by the user of department activi-ties, it is important that these fees are received beforeincurring any expense. This philosophy has resultedin some departments having fees paid prior to theperformance of two areas of work: plan review andinspection.

[A] 109.2 Schedule of permit fees. On buildings, structures,electrical, gas, mechanical, and plumbing systems or altera-tions requiring a permit, a fee for each permit shall be paid asrequired, in accordance with the schedule as established bythe applicable governing authority.

The jurisdiction inserts its desired fee schedule at thislocation. The fees are established by law, such as inan ordinance adopting the code (see page xv of thecode for a sample), a separate ordinance or legallypromulgated regulation, as required by state or locallaw. Fee schedules are often based on a valuation ofthe work to be performed. This concept is based onthe proposition that the valuation of a project isrelated to the amount of work to be expended in planreview, inspections and administering the permit, plusan excess to cover department overhead.

To assist jurisdictions in establishing uniformity infees, building evaluation data are published twiceeach year in ICC’s Building Safety Journal.

[A] 109.3 Building permit valuations. The applicant for apermit shall provide an estimated permit value at time ofapplication. Permit valuations shall include total value ofwork, including materials and labor, for which the permit isbeing issued, such as electrical, gas, mechanical, plumbingequipment and permanent systems. If, in the opinion of thebuilding official, the valuation is underestimated on the appli-cation, the permit shall be denied, unless the applicant canshow detailed estimates to meet the approval of the buildingofficial. Final building permit valuation shall be set by thebuilding official.

As indicated in Section 109.2, jurisdictions usuallybase their fees on the total value of the work beingperformed. This section requires the applicant to pro-vide this figure, including materials and labor, forwork for which the permit is sought. If the building offi-cial believes that the value provided by the applicant

is underestimated, the permit is to be denied unlessthe applicant can substantiate the value by providingdetailed estimates of the work to the satisfaction ofthe building official. For the construction of new build-ings, the building valuation data referred to in Section109.2 can be used by the building official as a yard-stick against which to compare the applicant’s esti-mate.

[A] 109.4 Work commencing before permit issuance. Anyperson who commences any work on a building, structure,electrical, gas, mechanical or plumbing system before obtain-ing the necessary permits shall be subject to a fee establishedby the building official that shall be in addition to the requiredpermit fees.

The building official will incur certain costs (e.g.,inspection time and administrative) when investigat-ing and citing a person who has commenced workwithout having obtained a permit. The building officialis, therefore, entitled to recover these costs by estab-lishing a fee, in addition to that collected when therequired permit is issued, to be imposed on theresponsible party. Note that this is not a penalty, asdescribed in Section 114.4, for which the person canalso be liable.

[A] 109.5 Related fees. The payment of the fee for the con-struction, alteration, removal or demolition for work done inconnection to or concurrently with the work authorized by abuilding permit shall not relieve the applicant or holder of thepermit from the payment of other fees that are prescribed bylaw.

The fees for a building permit may be in addition toother fees required by the jurisdiction or others forrelated items, such as sewer connections, water ser-vice taps, driveways and signs. It cannot be con-strued that the building permit fee includes theseother items.

[A] 109.6 Refunds. The building official is authorized toestablish a refund policy.

This section allows for a refund of fees, which may befull or partial, typically resulting from the revocation,abandonment or discontinuance of a building projectfor which a permit has been issued and fees havebeen collected. The refund of fees should be relatedto the cost of enforcement services not providedbecause of the termination of the project. The build-ing official, when authorizing a fee refund, is authoriz-ing the disbursement of public funds; therefore, therequest for a refund must be in writing and for goodcause.

SECTION 110INSPECTIONS

[A] 110.1 General. Construction or work for which a permitis required shall be subject to inspection by the building offi-cial and such construction or work shall remain accessibleand exposed for inspection purposes until approved.Approval as a result of an inspection shall not be construed to





be an approval of a violation of the provisions of this code orof other ordinances of the jurisdiction. Inspections presumingto give authority to violate or cancel the provisions of thiscode or of other ordinances of the jurisdiction shall not bevalid. It shall be the duty of the owner or the owner’s autho-rized agent to cause the work to remain accessible andexposed for inspection purposes. Neither the building officialnor the jurisdiction shall be liable for expense entailed in theremoval or replacement of any material required to allowinspection.

The inspection function is one of the more importantaspects of building department operations. This sec-tion authorizes the building official to inspect the workfor which a permit has been issued and requires thatthe work to be inspected remains accessible to thebuilding official until inspected and approved. Anyexpense incurred in removing or replacing materialthat conceals an item to be inspected is not theresponsibility of the building official or the jurisdiction.As with the issuance of permits (see Section 105.4),approval as a result of an inspection is not a licenseto violate the code and an approval in violation of thecode does not relieve the applicant from complyingwith the code and is not valid.

[A] 110.2 Preliminary inspection. Before issuing a permit,the building official is authorized to examine or cause to beexamined buildings, structures and sites for which an applica-tion has been filed.

The building official is granted authority to inspect thesite before permit issuance. This may be necessaryto verify existing conditions that impact the planreview and permit approval. This section provides thebuilding official with the right-of-entry authority thatotherwise does not occur until after the permit isissued (see Section 104.6).

[A] 110.3 Required inspections. The building official, uponnotification, shall make the inspections set forth in Sections110.3.1 through 110.3.10.

The building official is required to verify that the build-ing is constructed in accordance with the approvedconstruction documents. It is the responsibility of thepermit holder to notify the building official when theitem is ready for inspection. The inspections that arenecessary to provide such verification are listed in thefollowing sections, with the caveat in Section 110.3.8that inspections in addition to those listed here maybe required depending on the work involved.

[A] 110.3.1 Footing and foundation inspection. Footingand foundation inspections shall be made after excavationsfor footings are complete and any required reinforcing steel isin place. For concrete foundations, any required forms shallbe in place prior to inspection. Materials for the foundationshall be on the job, except where concrete is ready mixed inaccordance with ASTM C94, the concrete need not be on thejob.

It is necessary for the building official to inspect thesoil upon which the footing or foundation is to be

placed. This inspection also includes any reinforcingsteel, concrete forms and materials to be used in thefoundation, except for ready-mixed concrete that isprepared off site.

[A] 110.3.2 Concrete slab and under-floor inspection.Concrete slab and under-floor inspections shall be made afterin-slab or under-floor reinforcing steel and building serviceequipment, conduit, piping accessories and other ancillaryequipment items are in place, but before any concrete isplaced or floor sheathing installed, including the subfloor.

The building official must be able to inspect the soiland any required under-slab drainage, waterproofingor dampproofing material, as well as reinforcing steel,conduit, piping and other service equipment embed-ded in or installed below a slab prior to placing theconcrete. Similarly, items installed below a floor sys-tem other than concrete must be inspected beforethey are concealed by the floor sheathing or subfloor.

[A] 110.3.3 Lowest floor elevation. In flood hazard areas,upon placement of the lowest floor, including the basement,and prior to further vertical construction, the elevation certifi-cation required in Section 1612.5 shall be submitted to thebuilding official.

Where a structure is located in a flood hazard area,as established in Section 1612.5, the building officialmust be provided with surveyed documentation ofspecific elevations on buildings depending on floodzone: 1. The lowest floor elevation for structureslocated in flood hazard areas not subject to high-velocity wave action (called A Zones); or 2. The ele-vation of the lowest horizontal structural member forstructures located in coastal high-hazard areas(called V Zones). This certification is the first of twosuch certifications. This certification must be submit-ted after the lowest floor is established and prior toany additional construction proceeding above thislevel, so that errors in the elevation can be corrected.Section 110.3.10.1 requires the second certificationof elevations just prior to the final inspection.

Most communities use the Elevation Certificateform developed by FEMA, FEMA Form 086-0-33(insurance agents are required to use this form towrite NFIP flood insurance policies). The ElevationCertificate is also used to record information that isuseful during final inspections, including flood open-ings, garage floor elevations, and the elevation ofequipment that serves buildings. Section 104.7requires the building official to maintain a copy of thiscertification in the department’s permanent officialrecords.

[A] 110.3.4 Frame inspection. Framing inspections shall bemade after the roof deck or sheathing, all framing, fireblock-ing and bracing are in place and pipes, chimneys and vents tobe concealed are complete and the rough electrical, plumb-ing, heating wires, pipes and ducts are approved.

This section requires that the building official be ableto inspect the framing members, such as studs, joists,





rafters and girders and other items, such as ventsand chimneys, that will be concealed by wall con-struction. Rough electrical work, plumbing, heatingwires, pipes and ducts must have already beenapproved in accordance with the applicable codesprior to this inspection.

[A] 110.3.5 Lath, gypsum board and gypsum panel prod-uct inspection. Lath, gypsum board and gypsum panel prod-uct inspections shall be made after lathing, gypsum board andgypsum panel products, interior and exterior, are in place, butbefore any plastering is applied or gypsum board and gypsumpanel product joints and fasteners are taped and finished.

Exception: Gypsum board and gypsum panel productsthat are not part of a fire-resistance-rated assembly or ashear assembly.In order to verify that lath, gypsum board or gypsumwallboard products are properly attached to framingmembers, it is necessary for the building official to beable to conduct an inspection before the plaster orjoint finish material is applied. This is required only forgypsum board or gypsum panel products that are partof either a fire-resistant assembly or a shear wall.See the definitions for gypsum board and gypsumpanel products.

[A] 110.3.6 Fire- and smoke-resistant penetrations. Pro-tection of joints and penetrations in fire-resistance-ratedassemblies, smoke barriers and smoke partitions shall not beconcealed from view until inspected and approved.

The building official must have an opportunity toinspect joint protection required by Section 715 andpenetration protection required by Section 714 forfire-resistance-rated assemblies, smoke barriers andsmoke partitions before they become concealed fromview.

[A] 110.3.7 Energy efficiency inspections. Inspections shallbe made to determine compliance with Chapter 13 and shallinclude, but not be limited to, inspections for: envelope insu-lation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.

Items installed in a building that are required by theIECC to comply with certain criteria, such as insula-tion material, windows, HVAC and water-heatingequipment, must be inspected and approved.

[A] 110.3.8 Other inspections. In addition to the inspectionsspecified in Sections 110.3.1 through 110.3.7, the buildingofficial is authorized to make or require other inspections ofany construction work to ascertain compliance with the pro-visions of this code and other laws that are enforced by thedepartment of building safety.

Any item regulated by the code is subject to inspec-tion by the building official to determine compliancewith the applicable code provision, and no list caninclude all items in a given building. This section,therefore, gives the building official the authority toinspect any regulated items.

[A] 110.3.9 Special inspections. For special inspections, seeChapter 17.

Special inspections are to be provided by the ownerfor the types of work required in Section 1704. Thebuilding official is to approve special inspectors andverify that the required special inspections have beenconducted. See the commentary to Section 1704 fora complete discussion of this topic.

[A] 110.3.10 Final inspection. The final inspection shall bemade after all work required by the building permit is com-pleted.

Special inspections are to be provided by the ownerfor the types of work required in Section 1704. Thebuilding official is to approve special inspectors andverify that the required special inspections have beenconducted. See the commentary to Section 1704 fora complete discussion of this topic.

[A] 110.3.10.1 Flood hazard documentation. If located in aflood hazard area, documentation of the elevation of the low-est floor as required in Section 1612.5 shall be submitted tothe building official prior to the final inspection.

The lowest floor inspection called for in Section110.3.3 of the code requires submission of documen-tation of elevations upon placement of the lowestfloor and prior to further vertical construction. Thepurpose for submission at that time is to confirm com-pliance at a point during construction when insuffi-cient elevation can be corrected most readily. Thepurpose of submission of elevation information whenconstruction is completed is to confirm compliance.Work that is performed subsequent to the placementof the lowest floor may alter the reference level that isdeemed the lowest floor. Building owners must pro-vide this “as-built” documentation when they obtainfederal flood insurance policies from the NFIP. Docu-mentation of the “as-built” lowest floor elevations isrequired to be obtained and maintained by communi-ties that participate in the NFIP. A building for whichthe community does not have this documentation is,by federal regulation, considered to be in violation ofthe minimum NFIP requirements (see definition of“violation” in 44 C.F.R. §59.2).

[A] 110.4 Inspection agencies. The building official isauthorized to accept reports of approved inspection agencies,provided such agencies satisfy the requirements as to qualifi-cations and reliability.

As an alternative to the building official conductingthe inspection, he or she is permitted to acceptinspections of and reports by approved inspectionagencies. Appropriate criteria on which to baseapproval of inspection agencies can be found in Sec-tion 1703.

[A] 110.5 Inspection requests. It shall be the duty of theholder of the building permit or their duly authorized agent tonotify the building official when work is ready for inspection.





It shall be the duty of the permit holder to provide access toand means for inspections of such work that are required bythis code.

It is the responsibility of the permit holder or otherauthorized person, such as the contractor performingthe work, to arrange for the required inspectionswhen completed work is ready and to allow for suffi-cient time for the building official to schedule a visit tothe site to prevent work from being concealed prior tobeing inspected. Access to the work to be inspectedmust be provided, including any special means suchas a ladder.

[A] 110.6 Approval required. Work shall not be donebeyond the point indicated in each successive inspectionwithout first obtaining the approval of the building official.The building official, upon notification, shall make therequested inspections and shall either indicate the portion ofthe construction that is satisfactory as completed, or notifythe permit holder or his or her agent wherein the same fails tocomply with this code. Any portions that do not comply shallbe corrected and such portion shall not be covered or con-cealed until authorized by the building official.

This section establishes that work cannot progressbeyond the point of a required inspection without thebuilding official’s approval. Upon making the inspec-tion, the building official must either approve the com-pleted work or notify the permit holder or otherresponsible party of that which does not comply withthe code. Approvals and notices of noncompliancemust be in writing, as required by Section 104.4, toavoid any misunderstanding as to what is required.Any item not approved cannot be concealed until ithas been corrected and approved by the building offi-cial.

SECTION 111CERTIFICATE OF OCCUPANCY

[A] 111.1 Use and occupancy. A building or structure shallnot be used or occupied, and a change in the existing use oroccupancy classification of a building or structure or portionthereof shall not be made, until the building official hasissued a certificate of occupancy therefor as provided herein.Issuance of a certificate of occupancy shall not be construedas an approval of a violation of the provisions of this code orof other ordinances of the jurisdiction.

Exception: Certificates of occupancy are not required forwork exempt from permits in accordance with Section105.2.This section establishes that a new building or struc-ture cannot be occupied until a certificate of occu-pancy is issued by the building official, which reflectsthe conclusion of the work allowed by the buildingpermit. Also, no change in occupancy or the use of anexisting building is permitted without first obtaining acertificate of occupancy for the new use.

The tool that the building official uses to control theuses and occupancies of various buildings and struc-tures within the jurisdiction is the certificate of occu-pancy. It is unlawful to use or occupy a building orstructure unless a certificate of occupancy has beenissued. Its issuance does not relieve the buildingowner from the responsibility for correcting any codeviolation that may exist.

The exception simply states that when work is notunder the monitor of the building department, there isno need to deal with a certificate of occupancy.

[A] 111.2 Certificate issued. After the building officialinspects the building or structure and does not find violationsof the provisions of this code or other laws that are enforcedby the department of building safety, the building officialshall issue a certificate of occupancy that contains the follow-ing:

1. The building permit number.2. The address of the structure.3. The name and address of the owner or the owner’s

authorized agent.4. A description of that portion of the structure for which

the certificate is issued.5. A statement that the described portion of the structure

has been inspected for compliance with the require-ments of this code for the occupancy and division ofoccupancy and the use for which the proposed occu-pancy is classified.

6. The name of the building official.7. The edition of the code under which the permit was

issued.8. The use and occupancy, in accordance with the provi-

sions of Chapter 3.9. The type of construction as defined in Chapter 6.

10. The design occupant load.11. If an automatic sprinkler system is provided, whether

the sprinkler system is required.12. Any special stipulations and conditions of the build-

ing permit.The building official is required to issue a certificate ofoccupancy after a successful final inspection hasbeen completed and all deficiencies and violationshave been resolved. This section lists the informationthat must be included on the certificate. This informa-tion is useful to both the building official and theowner because it indicates the criteria under whichthe structure was evaluated and approved at the timethe certificate was issued. This is important whenapplying the IEBC or IFC to existing buildings.

[A] 111.3 Temporary occupancy. The building official isauthorized to issue a temporary certificate of occupancybefore the completion of the entire work covered by the per-mit, provided that such portion or portions shall be occupied





safely. The building official shall set a time period duringwhich the temporary certificate of occupancy is valid.

The building official is permitted to issue a temporarycertificate of occupancy for all or a portion of a build-ing prior to the completion of all work. Such certifica-tion is to be issued only when the building or portionin question can be safely occupied prior to full com-pletion. The certification is intended to acknowledgethat some building features may not be completedeven though the building is safe for occupancy, orthat a portion of the building can be safely occupiedwhile work continues in another area. This provisionprecludes the occupancy of a building or structurethat does not contain all of the required fire protectionsystems and means of egress. Temporary certificatesshould be issued only when incidental constructionremains, such as site work and interior work that isnot regulated by the code and exterior decoration notnecessary to the integrity of the building envelope.The building official should view the issuance of atemporary certificate of occupancy as substantial anact as the issuance of the final certificate. Indeed, theissuance of a temporary certificate of occupancyoffers a greater potential for conflict because oncethe building or structure is occupied, it is very difficultto remove the occupants through legal means. Thecertificate must specify the time period for which it isvalid.

[A] 111.4 Revocation. The building official is authorized to,in writing, suspend or revoke a certificate of occupancy orcompletion issued under the provisions of this code whereverthe certificate is issued in error, or on the basis of incorrectinformation supplied, or where it is determined that the build-ing or structure or portion thereof is in violation of any ordi-nance or regulation or any of the provisions of this code.

This section is needed to give the building official theauthority to revoke a certificate of occupancy for thereasons indicated in the code text. The building offi-cial may also suspend the certificate of occupancyuntil all of the code violations are corrected.

SECTION 112SERVICE UTILITIES

[A] 112.1 Connection of service utilities. A person shall notmake connections from a utility, source of energy, fuel orpower to any building or system that is regulated by this codefor which a permit is required, until released by the buildingofficial.

This section establishes the authority of the buildingofficial to approve utility connections to a building foritems such as water, sewer, electricity, gas andsteam, and to require their disconnection when haz-ardous conditions or emergencies exist.

The approval of the building official is requiredbefore a connection can be made from a utility to abuilding system that is regulated by the code, includ-ing those referenced in Section 101.4. This includes

utilities supplying water, sewer, electricity, gas andsteam services. For the protection of building occu-pants, including workers, such systems must havehad final inspection approvals, except as allowed bySection 112.2 for temporary connections.

[A] 112.2 Temporary connection. The building official shallhave the authority to authorize the temporary connection ofthe building or system to the utility, source of energy, fuel orpower.

The building official is permitted to issue temporaryauthorization to make connections to the public utilitysystem prior to the completion of all work. Thisacknowledges that, because of seasonal limitations,time constraints or the need for testing or partial oper-ation of equipment, some building systems may besafely connected even though the building is not suit-able for final occupancy. The temporary connectionand utilization of connected equipment should beapproved when the requesting permit holder hasdemonstrated to the building official’s satisfaction thatpublic health, safety and welfare will not be endan-gered.

[A] 112.3 Authority to disconnect service utilities. Thebuilding official shall have the authority to authorize discon-nection of utility service to the building, structure or systemregulated by this code and the referenced codes and standardsset forth in Section 101.4 in case of emergency where neces-sary to eliminate an immediate hazard to life or property orwhere such utility connection has been made without theapproval required by Section 112.1 or 112.2. The buildingofficial shall notify the serving utility, and wherever possiblethe owner and occupant of the building, structure or servicesystem of the decision to disconnect prior to taking suchaction. If not notified prior to disconnecting, the owner oroccupant of the building, structure or service system shall benotified in writing, as soon as practical thereafter.

Disconnection of one or more of a building’s utilityservices is the most radical method of hazard abate-ment available to the building official and should bereserved for cases in which all other lesser remedieshave proven ineffective. Such an action must be pre-ceded by written notice to the utility and the ownerand occupants of the building. Disconnection must beaccomplished within the time frame established bythe building official in the notice. When the hazard tothe public health, safety or welfare is so imminent asto mandate immediate disconnection, the buildingofficial has the authority and even the obligation tocause disconnection without notice. In such cases,the owner or occupants must be given written noticeas soon as possible.

SECTION 113BOARD OF APPEALS

[A] 113.1 General. In order to hear and decide appeals oforders, decisions or determinations made by the building offi-cial relative to the application and interpretation of this code,





there shall be and is hereby created a board of appeals. Theboard of appeals shall be appointed by the applicable govern-ing authority and shall hold office at its pleasure. The boardshall adopt rules of procedure for conducting its business.

This section provides an aggrieved party with a mate-rial interest in the decision of the building official aprocess to appeal such a decision before a board ofappeals. This provides a forum, other than the courtof jurisdiction, in which to review the building official’sactions.

This section literally allows any person to appeal adecision of the building official. In practice, this sec-tion has been interpreted to permit appeals only bythose aggrieved parties with a material or definitiveinterest in the decision of the building official. Anaggrieved party may not appeal a code requirementper se. The intent of the appeal process is not towaive or set aside a code requirement; rather, it isintended to provide a means of reviewing a buildingofficial’s decision on an interpretation or application ofthe code or to review the equivalency of protection tothe code requirements. The members of the appealsboard are appointed by the “governing body” of thejurisdiction, typically a council or administrator, suchas a mayor or city manager, and remain membersuntil removed from office. The board must establishprocedures for electing a chairperson, schedulingand conducting meetings and administration. Notethat Appendix B contains complete, detailed require-ments for creating an appeals board, including num-ber of members, qualifications and administrativeprocedures. Jurisdictions desiring to utilize theserequirements must include Appendix B in their adopt-ing ordinance.

[A] 113.2 Limitations on authority. An application forappeal shall be based on a claim that the true intent of thiscode or the rules legally adopted thereunder have been incor-rectly interpreted, the provisions of this code do not fullyapply or an equally good or better form of construction is pro-posed. The board shall not have authority to waive require-ments of this code.

This section establishes the grounds for an appeal,which claims that the building official has misinter-preted or misapplied a code provision. The board isnot allowed to set aside any of the technical require-ments of the code. It is, however, allowed to consideralternative methods of compliance with the technicalrequirements (see Section 104.11).

[A] 113.3 Qualifications. The board of appeals shall consistof members who are qualified by experience and training topass on matters pertaining to building construction and arenot employees of the jurisdiction.

It is important that the decisions of the appeals boardare based purely on the technical merits involved inan appeal. It is not the place for policy or politicaldeliberations. The members of the appeals boardare, therefore, expected to have experience in build-ing construction matters. Appendix B provides more

detailed qualifications for appeals board membersand can be adopted by jurisdictions desiring that levelof expertise.

SECTION 114VIOLATIONS

[A] 114.1 Unlawful acts. It shall be unlawful for any person,firm or corporation to erect, construct, alter, extend, repair,move, remove, demolish or occupy any building, structure orequipment regulated by this code, or cause same to be done,in conflict with or in violation of any of the provisions of thiscode.

Violations of the code are prohibited and form thebasis for all citations and correction notices.

[A] 114.2 Notice of violation. The building official is autho-rized to serve a notice of violation or order on the personresponsible for the erection, construction, alteration, exten-sion, repair, moving, removal, demolition or occupancy of abuilding or structure in violation of the provisions of thiscode, or in violation of a permit or certificate issued under theprovisions of this code. Such order shall direct the discontinu-ance of the illegal action or condition and the abatement ofthe violation.

The building official is required to notify the personresponsible for the erection or use of a building foundto be in violation of the code. The section that is alleg-edly being violated must be cited so that the respon-sible party can respond to the notice.

[A] 114.3 Prosecution of violation. If the notice of violationis not complied with promptly, the building official is autho-rized to request the legal counsel of the jurisdiction to insti-tute the appropriate proceeding at law or in equity to restrain,correct or abate such violation, or to require the removal ortermination of the unlawful occupancy of the building orstructure in violation of the provisions of this code or of theorder or direction made pursuant thereto.

The building official must pursue, through the use oflegal counsel of the jurisdiction, legal means to cor-rect the violation. This is not optional.

Any extensions of time, so that the violations maybe corrected voluntarily, must be for a reasonableand valid cause, otherwise the building official maybe subject to criticism for “arbitrary and capricious”actions. In general, it is better to have a standard timelimitation for correction of violations. Departures fromthis standard must be for a clear and reasonable pur-pose, usually stated in writing by the violator.

[A] 114.4 Violation penalties. Any person who violates aprovision of this code or fails to comply with any of therequirements thereof or who erects, constructs, alters orrepairs a building or structure in violation of the approvedconstruction documents or directive of the building official,or of a permit or certificate issued under the provisions of thiscode, shall be subject to penalties as prescribed by law.

Penalties for violating provisions of the code are typi-cally contained in state law, particularly if the code is





adopted at that level, and the building departmentmust follow those procedures. If there is no such pro-cedure already in effect, one must be establishedwith the aid of legal counsel.

SECTION 115STOP WORK ORDER

[A] 115.1 Authority. Where the building official finds anywork regulated by this code being performed in a mannereither contrary to the provisions of this code or dangerous orunsafe, the building official is authorized to issue a stop workorder.

Whenever the building official finds any work regu-lated by this code being performed in a manner that iscontrary to the provisions of this code, dangerous orunsafe, the building official is authorized to issue astop work order.

This section provides for the suspension of work forwhich a permit was issued, pending the removal orcorrection of a severe violation or unsafe conditionidentified by the building official. Normally, correction notices, issued in accordancewith Section 110.6, are used to inform the permitholder of code violations. Stop work orders are issuedwhen enforcement can be accomplished no otherway or when a dangerous condition exists.

[A] 115.2 Issuance. The stop work order shall be in writingand shall be given to the owner of the property involved, theowner’s authorized agent or the person performing the work.Upon issuance of a stop work order, the cited work shallimmediately cease. The stop work order shall state the reasonfor the order and the conditions under which the cited workwill be permitted to resume.

Upon receipt of a violation notice from the buildingofficial, all construction activities identified in thenotice must immediately cease, except as expresslypermitted to correct the violation.

[A] 115.3 Unlawful continuance. Any person who shall con-tinue any work after having been served with a stop workorder, except such work as that person is directed to performto remove a violation or unsafe condition, shall be subject topenalties as prescribed by law.

This section states that the work in violation must ter-minate and that all other work, except that which isnecessary to correct the violation or unsafe condition,must cease as well. As determined by the municipal-ity or state, a penalty may be assessed for failure tocomply with this section.

SECTION 116UNSAFE STRUCTURES AND EQUIPMENT

[A] 116.1 Conditions. Structures or existing equipment thatare or hereafter become unsafe, insanitary or deficientbecause of inadequate means of egress facilities, inadequatelight and ventilation, or that constitute a fire hazard, or areotherwise dangerous to human life or the public welfare, or

that involve illegal or improper occupancy or inadequatemaintenance, shall be deemed an unsafe condition. Unsafestructures shall be taken down and removed or made safe, asthe building official deems necessary and as provided for inthis section. A vacant structure that is not secured againstentry shall be deemed unsafe.

This section describes the responsibility of the build-ing official to investigate reports of unsafe structuresand equipment and provides criteria for such determi-nation.

Unsafe structures are defined as buildings or struc-tures that are insanitary; are deficient in light, ventila-tion or adequate exit facilities; constitute a firehazard; or are otherwise dangerous to human life.

This section establishes that unsafe buildings canresult from illegal or improper occupancies. Forexample, prima facie evidence of an unsafe structureis an unsecured (open at door or window) vacantbuilding. All unsafe buildings must either be demol-ished or made safe and secure as deemed appropri-ate by the building official.

[A] 116.2 Record. The building official shall cause a reportto be filed on an unsafe condition. The report shall state theoccupancy of the structure and the nature of the unsafe condi-tion.

The building official must file a report on each investi-gation of unsafe conditions, stating the occupancy ofthe structure and the nature of the unsafe condition.This report provides the basis for the notice describedin Section 116.3.

[A] 116.3 Notice. If an unsafe condition is found, the build-ing official shall serve on the owner, agent or person in con-trol of the structure, a written notice that describes thecondition deemed unsafe and specifies the required repairs orimprovements to be made to abate the unsafe condition, orthat requires the unsafe structure to be demolished within astipulated time. Such notice shall require the person thus noti-fied to declare immediately to the building official acceptanceor rejection of the terms of the order.

When a building is found to be unsafe, this informa-tion must be provided to the building owner or agentso that they have the opportunity to fix the problem ortear down the structure. The notice should include atime frame for when the items need to be addressed.After the building owner or agent receives the report(see Section 116.2), they must inform the buildingofficial how they will address the issues, or stipulatewhy they disagree with the findings.

[A] 116.4 Method of service. Such notice shall be deemedproperly served if a copy thereof is (a) delivered to the ownerpersonally; (b) sent by certified or registered mail addressedto the owner at the last known address with the return receiptrequested; or (c) delivered in any other manner as prescribedby local law. If the certified or registered letter is returnedshowing that the letter was not delivered, a copy thereof shallbe posted in a conspicuous place in or about the structureaffected by such notice. Service of such notice in the forego-ing manner upon the owner’s agent or upon the person





responsible for the structure shall constitute service of noticeupon the owner.

The notice must be delivered to the owner in person,by certified mail or in some other lawful manner, suchas delivery to a specified agent of the owner. If theowner or agent cannot be located, additional proce-dures are established, including posting the unsafenotice on the premises in question. Such action maybe considered the equivalent of personal notice.However, it may or may not be deemed by the courtsas representing a “good faith” effort to notify. In addi-tion to complying with this section, therefore, publicnotice through the use of newspapers and other post-ings in a prominent location at the government centershould be used.

[A] 116.5 Restoration. Where the structure or equipmentdetermined to be unsafe by the building official is restored toa safe condition, to the extent that repairs, alterations or addi-tions are made or a change of occupancy occurs during therestoration of the structure, such repairs, alterations, addi-tions and change of occupancy shall comply with the require-ments of Section 105.2.2 and the International ExistingBuilding Code.

This section provides that unsafe structures may berestored to a safe condition. This means that thecause of the unsafe structure notice can be abatedwithout the structure being required to comply fullywith the provisions for new construction. Any workdone to eliminate the unsafe condition, as well as anychange in occupancy that may occur, must complywith the code.

i lio raphThe following resource materials were used in the prep-aration of the commentary for this chapter of the code.Legal Aspects of Code Administration. Country Club

Hills, IL: International Code Council, 2002.ASTM C94/C94M-13, Specification for Ready-Mixed

Concrete, West Conshohocken, PA: ASTM Interna-tional, 2013.

NFPA 14-13, Standpipe and Hose Systems. Quincy,MA: National Fire Protection Association, 2013.

NFPA 70-14, National Electrical Code. Quincy, MA:National Fire Protection Association, 2014.

NFPA 409-11, Standard for Aircraft Hangars. Quincy,MA: National Fire Protection Association, 2011.







SECTION 201GENERAL

This section contains language and provisions thatare supplemental to the use of Chapter 2. It givesguidance to the use of the defined words relevant totense, gender and plurality. Finally, this section pro-vides direction on how to apply terms that are notdefined in the code.

201.1 Scope. Unless otherwise expressly stated, the follow-ing words and terms shall, for the purposes of this code, havethe meanings shown in this chapter.

The use of words and terms in the code is governedby the provisions of this section. This includes code-defined terms as well as those terms that are notdefined in the code.

201.2 Interchangeability. Words used in the present tenseinclude the future; words stated in the masculine genderinclude the feminine and neuter; the singular number includesthe plural and the plural, the singular.

While the definitions contained in Chapter 2 are to betaken literally, gender and tense are interchangeable.

201.3 Terms defined in other codes. Where terms are notdefined in this code and are defined in the International

Energy Conservation Code, International Fuel Gas Code,International Fire Code, International Mechanical Code orInternational Plumbing Code, such terms shall have themeanings ascribed to them as in those codes.

Definitions that are applicable in other InternationalCodes® (I-Codes®) are applicable everywhere theterm is used in the code. Definitions of terms can helpin the understanding and application of code require-ments.

201.4 Terms not defined. Where terms are not definedthrough the methods authorized by this section, such termsshall have ordinarily accepted meanings such as the contextimplies.

Words or terms not defined within the I-Code seriesare intended to be applied based on their “ordinarilyaccepted meanings.” The intent of this statement isthat a dictionary definition may suffice, provided it isin context. Often, construction terms used throughoutthe code are not specifically defined in the code oreven in a dictionary. In such a case, the definitionscontained in the referenced standards (see Chapter35) and published textbooks on the subject in ques-tion are good resources.

Chapter :e initions

General CommentsNearly all terms defined in the code are listed anddefined in Chapter 2. While many terms are used pri-marily in one chapter or another, the vast majority ofterms are used outside of their chapter of primary signif-icance. An example would be the term “fire barrier.” Therequirements for the construction of a fire barrier arefound in Section 707, but fire barriers are required toprovide fire-resistive separations by such diverse Sec-tions as 508.4 for separated mixed occupancies, and1022 for the enclosure of interior exit stairways.

There are some terms which have definitions that arespecifically limited to the use of the term in a specificchapter or section of the code. This chapter specificallystates where this is the case. There are other terms thathave more than one definition. For example, “base-ment” is defined for general application, but is alsodefined differently as it applies to flood plain hazard reg-ulation in Section 1612.

This chapter only provides a reference to definitionswhich, in Chapter 19, are amended versions of defini-tions in a referenced standard.

PurposeCodes, by their very nature, are technical documents.As such, literally every word, term and punctuation markcan add to or change the meaning of the intendedresult. This is even more so with a performance-basedcode where the desired result often takes on moreimportance than the specific words. Furthermore, thecode, with its broad scope of applicability, includesterms inherent in a variety of construction disciplines.These terms often have multiple meanings dependingon the context or discipline being used at the time. Forthese reasons, it is necessary to maintain a consensuson the specific meaning of terms contained in the code.Chapter 2 performs this function by stating clearly whatspecific terms mean for the purpose of the code.



DEFINITIONS


SECTION 202DEFINITIONS

24-HOUR BASIS. The actual time that a person is an occu-pant within a facility for the purpose of receiving care. It shallnot include a facility that is open for 24 hours and is capableof providing care to someone visiting the facility during anysegment of the 24 hours.

Care offered on a 24-hour basis is used to differenti-ate groups and levels of protection between institu-tional facilities that typically house patients for morethan a day, such as hospitals, detoxification facilities,foster care and nursing homes, from other care facili-ties that keep patients for only part of a day, such asday cares, clinics, day surgery centers and outpatientfacilities. To better understand how these conceptswork together, see the definitions for “Ambulatorycare facility,” “Custodial care,” “Personal care,” “Med-ical care” and “Incapable of self-preservation.” Facili-ties that have patients/residents/customers whotypically stay for 24 hours or more are considered tobe providing care on a 24-hour care basis. However,a facility that operates 24 hours a day, such as a daycare or an urgent care facility, would not be consid-ered as providing care on a 24-hour basis if the cli-ents did not stay 24 hours, but instead were in andout of the facility similar to one that closed for thenight.

[BS] AAC MASONRY. Masonry made of autoclaved aer-ated concrete (AAC) units, manufactured without internalreinforcement and bonded together using thin- or thick-bedmortar.

This definition establishes that the requirements ofChapter 21 apply to masonry units manufacturedfrom autoclaved aerated concrete (AAC). AACmasonry units are low-density cementitious productsfirst introduced into the 2005 edition of the BuildingRequirements Code for Masonry Structures (TMS402/ACI 530/ASCE 5) and Specifications for MasonryStructures (TMS 602/ACI 530.1/ASCE 6), althoughits use has been prevalent in other countries for sev-eral decades. Besides being a relatively lightweightproduct, AAC is also considered to provide good ther-mal and acoustic insulation. AAC masonry units arebonded together using a thin-bed polymer mortarspecifically manufactured for use with AAC masonry.

ACCESSIBLE. A site, building, facility or portion thereofthat complies with Chapter 11.

This definition identifies the fundamental concept ofChapter 11. Accessibility is deemed to be accom-plished if a building, site or facility complies with theapplicable provisions of Chapter 11 and ICC A117.1.It is not the intent of the code to accommodate fullyevery type and range of disability, as it would not befeasible to do so. The extent to which the coderequires accessible features in the various occupan-cies covered by Chapter 11 (scoping) and the charac-teristics those features are required to meet through

reference to ICC A117.1 (technical requirements)establish that which the code considers accessible.

There are elements that are related to accessibility,but also have requirements that are generally appli-cable for public safety. Examples are audible and vis-ible alarms in Chapter 9; ramps, doors, protrudingobjects and accessible means of egress in Chapter10; and elevator requirements in Chapter 30. Theseitems have been “mainstreamed” into the code.

ACCESSIBLE MEANS OF EGRESS. A continuous andunobstructed way of egress travel from any accessible pointin a building or facility to a public way.

Accessible means of egress requirements areneeded to provide those persons with physical dis-abilities or mobility impairments a means of egress toexit the building. Because of physical limitations,some occupants may need assistance to exit a build-ing. See Section 1009 for requirements establishingareas where people can safely wait for assisted res-cue. Chapter 4 of the IFC also includes requirementsin the fire safety and evacuation plans for specificplanning to address occupants who may need assis-tance in evacuation during emergencies. In addition,Chapter 9 of the code includes requirements foremergency evacuation notification for persons withhearing and vision disabilities.

The accessible means of egress requirements maynot be the same route as that required for ingress intothe building (see Sections 1104 and 1105). Forexample, a two-story building requires one accessibleroute to connect all accessible spaces within thebuilding. The accessible route to the second level istypically by an elevator. During a fire emergency, per-sons with mobility impairments on the second levelwould be moving to the exit stairways for assistedrescue, not back to the way they came onto the level,via the elevator.

ACCESSIBLE ROUTE. A continuous, unobstructed paththat complies with Chapter 11.

There are typically more physical barriers in the builtenvironment to people with a mobility impairmentthan in any other category of disability. An accessibleroute enables a person with a mobility impairment toapproach and utilize a facility’s accessible fixturesand features. While there are a variety of mobilitydevices, the design and construction of an accessibleroute is based predominantly on provisions neces-sary for accessibility to a person using a wheelchair.Accessible routes are required for both ingress andegress (see Sections 1009 and 1104).

An accessible route must also be safe and usableby people with other disabilities and those withoutdisabilities. Therefore, requirements are set forth inconsideration of those needs. For example, there arerestrictions on objects that protrude into a circulationpath in consideration of a person with a visual impair-ment as well as consideration of the possibility ofsmoke limiting visibility during an emergency.

