THE CODE CONNECTION

Building Department Authority

Ever get lost in the bureaucracy trying to figure out who's in charge?  Why do I have to go to the city for one permit, the county another permit, and the state for yet another permit?  Do these people ever communicate?

Background

Building Departments get their authority for code enforcement from a variety of avenues.  It depends on what code is being enforced, who is doing the enforcing, when they have jurisdiction, and where their authority can be applied.  The "why" is fairly universal - it all has to do with health, safety and welfare.  The definition of these variables comes from federal, state and local laws.

Federal regulations that affect building owners are often broader than an adopted building code.  The Americans with Disabilities Act is a good example.   This legislation is an "Act" with several "Titles", from which derives the ADA Architectural Guidelines.  The ADAAG standards are often adopted "en toto" as a part of state building code along with related provisions.

There is no federal or national building code per se (except as applies to federal facilities) so states are empowered to adopt building codes as they see fit.  The recent trend is for states to adopt  model codes such as the family of International Building Codes.  Every state has its own constitution that clearly defines the duties and powers of various political subdivisions such as counties, townships, cities, villages etc.  The way to look at counties is to consider them an arm of the state.  Other political subdivisions have a variety of local powers that dovetail with county and state laws. 

Ohio is a good example of how states and cities relate to each other.  The most commonly applied (and most debated) principal we see used by municipalities is that of "home rule".  Home rule powers are constitutionally granted powers of local self-government within limits.  These limits are typically ones that say local laws can't be in conflict with a state laws.  As such, municipalities (cities and villages) have their own charter - a "mini-constitution".  This allows them to adopt ordinances including building codes.

It is important to note that Ohio does not have a state residential building code.  This means that state Certified Building Departments are bound by the rules of the Board of Building Standards for "commercial" construction" but residential building codes must be adopted locally.

Certified Building Departments -  the Ohio model

Using Ohio as the model for this discussion, building departments receive their certification from a state authority like the Ohio Board of Building Standards.  To have a certified department you have to have certified people.  The BBS does this too.  The State of Ohio's "building department" is within the Department of Industrial Compliance where Plan Review and Inspection Services takes place along with a lot of other things.  They cover properties owned by the state and anything else not covered by county, township, or municipal building departments (except federal facilities which are managed by the U.S. government).  Architect, Jeff Tyler is the Building Official for the State of Ohio.

Not all building departments are created equal.  They are certified only for those duties and powers for which they qualify are properly staffed with certified personnel.  Even though we have one  Building Code, building departments may defer certain duties and powers to the county or state.   This is why you may have to go to different levels of government for various approvals.  For example, its not uncommon to get a structural building permit from a city or the State of Ohio, but your plumber may have to go to the county to get a plumbing permit.

Required Personnel (under employ or contract):

1. Certified Building Official - this person has final authority and responsibility for enforcement
2. Certified Plans Examiner - must be an architect or engineer, reports to the building official
3. Certified Building Inspector - reports to the building official
4. Certified Plumbing Inspector - reports to the building official, may be deferred to the county health dept.
5. Certified Electrical Inspector - reports to the building official. also know as an Electrical Safety Inspector (ESI)
6. Backup Personnel - required for all positions to serve in the event of unavailability or conflict of interest

Optional Personnel (under employ or contract):

1. Certified Mechanical Inspector - reports to the building official, power piping and oxygen piping are often deferred to the state
2. Certified Sprinkler Inspector - reports to the building official, this person often works for a fire dept.
3. Certified Medical Gas Inspector - reports to the building official, most often this is deferred to the state

Other requirements for Certified Building Departments:

1. Building Department Office - must be conveniently located in the area serviced with posted office hours
2. Available Inspectors
3. Conflict of Interest - personnel limited by Ohio Ethics law.

Do these levels of government every communicate with each other?

Yes.  This is usually most evident when a project is coming to a close and the owner and contractor are seeking a Certificate of Occupancy.  The local Building Official will be looking for final inspections and approvals from all the various authorities before he or she signs the CO.  However, it will be the contractor's responsibility to request and coordinate these inspections and approvals.  Behind the scenes its common for the various authorities to compare notes, especially if there are problems.

Along the way the Building Official is your primary point of contact for any legal proceedings.  Correction Notices, Adjudication Orders, understanding your appeal rights, and the final authority for code interpretations and enforcement.