Building Regulations: A Self-Help Guide For The Owner-Builder

Image Gallery A successful owner-builder of his own house

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"Shucks. Puttin' up your own house ain't hard at all. What's hard is figuring out and conforming to all those @#$% ¢ &* building codes and regulations. "

Take heart, all you would-be and actual fabricators of do-it-yourself shelter. At last someone (good old MOTHER) has commissioned a series of articles designed to help you meet-and beat!—those most troublesome of all obstacles in the construction of your own home: THE BUILDING REGULATIONS.

The series of informative pieces (the first of which appears below) was written by Ed Vitale, an attorney who specialized in real estate and building construction during most of his ten years of private practice. So read on as Ed [1] investigates in detail the four major model building codes used in this country, especially as they apply to the activities of the owner-builder, [2] gives you concrete explanations and examples of "how to read the code", [3] reviews the statutory and administrative framework of the construction and sanitary codes of four representative states, and [4] generally lays down criticism, comments, and plain good help for anyone contemplating the construction of his or her own shelter.

PART THREE: THE BUILDING INSPECTOR

This is the individual whom you'll be dealing with when applying for a building permit. He is either characterized as the protector of the public safety or the roadblock that prevented you from building your dream house. He is either the unfeeling, freedom-stifling symbol of governmental bureaucracy and red tape, or the knowledgeable, neighbor-like expert who helped you over some difficult construction problems.

He is all of these things and more. How do you handle him? What approach—a tough "he's working for me" attitude, or a meek, non-questioning stance—should you use in dealing with this man?

Before we answer this question, let's look at the building official (the codes like to call him official instead of inspector) and his powers and ditties as they are outlined in the model building codes:

1. He enforces the code. (Basic Building Code [BBC] § 108.1, National Building Code [NBC] § 4.a of Appendix Q, Standard Building Code [SBC] § 103.1, Uniform Building Code [UBC] § 202[a].) The UBC even says—in § 202(a)—that for the purpose of enforcement, the building inspector has the powers of a police officer . . . it's the only model code that puts it quite so bluntly.

2. He receives the building permit application and issues permits. (BBC § 1 08.2, NBC § 4.a of Appendix Q. SBC § 105 and § 106, and UBC § 301 and § 302.)

3. He issues notices to remove illegal or unsafe conditions. (BBC § 108.3, NBC § 4.a of Appendix Q, SBC § 103.4 . . . and unsafe buildings are declared public nuisances under § 203 of the UBC.)

4. He makes the required inspections of the different stages of your construction to determine whether or not they conform to the code and/or to your previously submitted and approved plans and specifications. (BBC § 108.4, NBC § 4.b of Appendix Q, SBC § 108.2, UBC § 304, One- and Two-Family Dwelling Code [Dwelling Code] § R-111.)

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