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

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5. He has the right of entry to yourproperty to enforce the code. (BBC § 112, NBC § 7 of Appendix Q, SBC § 103.1, UBC 202 [d]. )

6. He can issue stop-work orders—when construction is unsafe or contrary to the code—which, as the name so aptly states, stops all work oil the project until the infraction is removed. (BBC § 123, NBC & 105.3, SBC § 103.2, UBC § 202[e].)

7, He can revoke permits if false or incorrect information was used to secure them in the first instance. (BBC § 114.6, NBC § 102.10, SBC § 103.3, UBC § 302[e].)

8. He has discretion to approve alternate materials and/or methods of construction. (SBC § 103.6, UBC § 106, Dwelling Code § R-108. Neither the BBC nor the NBC have a similar provision.) This power to approve alternate materials and methods of construction is vital to the owner-builder . . . and a complete discussion of this provision--together with the BBC's variance procedure allowed for prac tical

difficulties—will be featured later in this series. 9. He initiates the necessary legal action to have code violators prosecuted in court. (BBC § 122, NBC § 105.) The SBC or UBC have no specific provisions that designate the building inspector as initiating legal action, but both codes, as well as the other two model regulations, have criminal penalties for violation of their rules.

These are just some of the building inspector's explicitly stated functions. He also, as indicated earlier, decides if your plans and specs are "sufficiently clear", determines the value of your construction so as to set building permit fees, and really determines if your repairs of an existing structure are major enough to require a permit. Under the BBC, he determines matters not provided for in the code (§ 101.3), and can promulgate rules and regulations to interpret and implement the provisions of the code. (The BBC in § 109 and the SBC in § 103.5 are the only model codes that give the building inspector this power.)

Now you know why I stated, in Part Two of this series, that the building inspector is the code! The written word as contained in those rules and regulations gets bended, amended, changed, brought to life, made to fit unusual situations—whatever you want to call it—by what this man says. If he goes "by the book" you may not see the completion of your dwelling for a long time. If he's practical and understanding, your construction experience can be a real joy.

CODE-READING TECHNIQUE: Whenever the building inspector rules against you in some particular, ask him for the specific section upon which he bases his opinion. Read the language of that provision carefully. If it's a section where the conduct of his action is governed by detailed standards, make sure that the building inspector is correct in his interpretation of those standards and correct in the application of the rules that pertain to your project. If, however, the guardian of the code is relying on a provision that gives him discretion, attempt to determine if he's being arbitrary with you. That is, find out if and how he exercised his discretion in a similar situation in the past, and if he is ruling any differently in your particular circumstances. There are ways, which I will discuss later in this series, to appeal the decision of the building inspector.

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