THE CODE CONNECTION

The National Instute of Standards and Technology (NIST) announces it recommendations for improvements to building codes after a three year analysis of the 9/11 World Trade Center colapse.  This will spur some serious debate amongst architects, engineers, code officials and building developers and will center around the cost/benefit of  any increased code requirements.

The International has already passed increased requirements for fire protection of structural elements in tall buildings but the NIST has a lot more on its plate.  The New York Times has the scoop on this - go to http://www.nytimes.com/2005/06/22/nyregion/22towers.html?pagewanted=1  for the full story.  More to come.

Massachusetts has passed the most significant law for fire safety in recent history.  In the wake of nightclub tragedies and theater fires that have horrified us for more than a century, Governor Mitt Romney signed into law a bill that requires sprinklers in all nightclubs, dance halls and bars, new or old, that have an occupancy of 100 or more people within three years. 

For many years, model code organizations like the ICC have pushed hard for sprinkler requirements with good success.  The shortfall has always been with existing buildings which were approved under older less aggressive codes.  With a stroke of a pen Massachusetts may be setting the pace for change in other states.  This is a courageous act that only state legislatures can accomplish because of the economic impact.  These are the highlights of the law:

• Mandates sprinklers in nightclubs with an occupancy of 100 persons or more within three years.
• Creates a two-strike rule for clubs with occupancies of less than 100 that exceed capacity. If a club is cited for an occupancy violation twice in a year, automatic sprinklers must be installed within 90 days or the business will be shut down;
• Eases the financial burden on businesses complying with the new law with an accelerated tax depreciation deduction (from 39 years to 5 years) for the purchase of automatic sprinkler systems required to be installed as a retrofit in existing nightclubs, discotheques, dance halls and bars;
• Creates criminal penalties for dangerous conditions in public assembly buildings, including blocking ingress or egress; shutting off or failing to maintain fire protection systems; storing flammables or explosives; and using fireworks or pyrotechnics without a permit and exceeding occupancy limits. The first infraction will result in a fine of not more than $5,000 and/or imprisonment of up to 2½ years. Repeat offenders can be fined up to $25,000 and/or imprisoned for up to five years;
• Establishes criminal penalties for individuals who violate provisions of the state building or fire codes when a violation results in significant injury or death. Violations may result in a fine of up to $25,000 and/or imprisonment of up to five years;
• Restores the Student Awareness of Fire Education program, which helps educate children about fire safety awareness;
• Establishes a $10 million grant program to help fire departments with equipment and staffing needs, based on population size;
• Establishes fire-safety training programs for nightclub owners and managers; and
• Establishes a certification program for fire inspectors.
  

Ever get lost in the beauracracy 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 there 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. ...

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Authority and Responsibility

Dispute and confusion about code enforcement occurs daily.  Building inspectors, construction superintendents, owners, architects, engineers, utility representatives and so forth all have a different point of view.  And rightly so, because they all have different responsibilities and powers.  The key to success is to keep these varied interests from being in conflict.  Here's a guiding principal to help you prevent and avoid conflict.  It works for all roles.

One of the most important lessons I ever learned as a student of architecture came from an elder of the profession.  Glen McConnell was a registered architect, a registered engineer and a registered surveyor - all three - a phenomenon you don't see today.  Glen said "the most important thing can you to be a successful is to keep authority and responsibility on parallel tracks.  Don't ever assume responsibility for something you don't have authority for and don't ever assume authority for something you don't have responsibility for".  I call it the Authority/Responsibility Principal.  Authority and responsibility are "two sides of the same coin".  And half a coin is always a bad idea.  Think about it.  How many disputes can you think of that are a direct result of a violation of this principle?

An extrapolation of the Authority/Responsibility Principal has to do with "operative" and "final" levels of application.  There is an "operative level of authority" and a "final level of authority".  And on the other side of the coin is an "operative level of responsibility" and a "final level of responsibility". 

As a general rule you can delegate an operative level of but you cant delegate a final level.  And it is sometimes easier to assume or receive an operative level than a final level.  CAUTION: this is often where disputes begin.  Either someone has tried to delegate only half of the authority/responsibility coin or someone has tried to assume half of the authority/responsibility coin.  Whether delegated or assumed, taking on the "whole coin" is always yields a better result.

So what can you do to get permits turned around more quickly? What happens when you drop off plans for approval;and it seems to go into a black hole? Take control of all the things you can to make it as easy as possible to get your plans approved. You can make a difference! Here's my list of proven strategies:
COMMON CODE CURES: 10 strategies for preparing plans for efficient approval. ...

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That's the game you play as an architect submitting plans for a building permit. So why does it take so long? Well, every city, county, and state that issues permits has its own set of procedures and reasons (maybe excuses) for dragging things out. Most of us understand that often multiple people doing reviews and routing of documents etc. can take some time. But when construction processes such as bidding which often invlove scores of people can takes place in a matter of a few weeks its hard to understand why goverment can respond as quickly. ...

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