February 2022

All Episodes

Episode #8: What’s the Scoop on Building Codes?

Charlie 

Welcome to the Trade Secrets Inspections podcast, because “You need to know!”. Here’s your host, Rick Kooyman.

Hey, welcome back to the Trade Secrets Inspections podcast. I’m Charlie McDermott here with Rick Kooyman. Rick, how you doing?

Rick 

I’m doing excellent, Charlie, it is fantastic to be back with you again, and sharing some knowledge and some information to help people out.

Charlie 

You are the best at sharing knowledge, you’re so not only insightful, but talk about you know, you just, you just know the ins and outs and the in-betweens. And today, I know you had mentioned we’re gonna talk about building codes, which is, you know, hold on, don’t Don’t, don’t let anyone fall asleep on us. As you know, if you’ve listened to previous episodes, Rick, has a way to really pull us in. And in Rick, when it comes to building codes, it’s probably not anything that your clients have, like, you know, gone to the local jurisdictions and read all the language, but I know you were deep into it. So this is really important when it comes to, you know, buying Heck, even selling a home, I’ve heard some nightmare stories and things all of a sudden pop up out of nowhere. And so I’m really excited about this. So I’m going to turn the microphone over to you and let’s get into it.

Rick 

Fantastic. Yeah. Today I want to talk about building codes. Why do we have building codes? Where did they come from some of the history? Why is it important to us the average person? How does it relate to me in my profession as an inspector, a home inspector? And really What is the general gist of what it’s doing for us and the general population out there in our homes and our apartments and condos and all that good stuff. So just to start way back in the beginning, let’s look at where did building code begin? And who do we have to thank for it. And our first known ritten building code, we have record found , Actually, it’s carved in stone! Evolved, 1758 BC, ci, a mama Robbie, wrote the first building code. And it basically laid out a guidance as to how a structure was to be built. And it stated, if a builder has built a house for a man, and his work is not strong. And if that house has building failures and kills the householder builder shall be slain.

Charlie 

Wow, that’s a code.

Rick 

There you go. Right.

Charlie 

You know, that we could really simplify life by having codes like that. That is just like, you know, okay, don’t mess up focus when you’re at work. And yeah, exactly.

Rick 

Let’s get right to the end. You know, it’s funny. It really kind of cut to the gist back then. And you know, it kept most people honest. And the only thing it really didn’t cover was for the homeowner or family member that did it for themselves.

Charlie 

Yeah, I guess

well, yeah, you know, might have

Rick 

been part of the rules.

Charlie 

That’s crazy.

Rick 

Wow, that that’s where we have a history to begin with. And then as we went on, and we got more civilized I guess you could say or we started living in greater depth cities. We all look back at London in the London fires back in 1666. to level the city, and then more locally, we can look at Chicago and the Chicago fires of the 1800s, late 1800s 1870s and they started looking at building codes and asking how can we address risk and more importantly, how can we address the risk to the adjacent building? You know, it was one thing if you wanted to do it to yourself, but when we lived in higher densities, it started to affect our neighbors and now we had responsibilities we had to uphold so they went with regulations that dealt with just that thing you know, common walls between buildings that became a code dangerous practices such as wooden chimneys, you know, back when everybody was burning. You couldn’t have a wood chimney, can you believe it? In a rule Wow. And then, you know, saying does that seem like such a great idea. It went on to deal with such basic things as you know, having needed light and ventilation and you know, well, let’s have a fire escape and let’s talk about potable water and toilets and sanitary drains and stairs, railings, basic safety stuff. So that’s basically where it originates. And then of course, you get into the late 1800’s and early 1900s, and we start talking about insurance. Insurance begins with basically fire, you know that that’s the primary the big risk, you know, this stuff are all started with cities burning down. So again, the fire Commission’s became where these rules started to originate. And it started with the National Board of fire underwriters. And they originally created what we call and still have is the National Building Code. And the whole purpose was to minimize risk to both the property and the building occupants. So so the, the gist of things are, why do we say we have building codes, it’s simply for safety. And to maintain, you know, some standards so that we have some consistency of expectation between each other as we live as neighbors. Wow. So these codes developed over time and got more complicated. And the fire commission started these original codes. And they developed three different organizations, essentially, they had an international code, they had a residential code, which we still use the international IRC, which is the standard code throughout the country. And then they have an International Energy Commission code that deals with conservation of energy and power. And we have plumbing, electrical, and all those other things added to it now to the big difference here in the United States is that none of these codes are federally enforced. This is all left up to the states. So even though the IRC exists in general, it’s not a federal mandate, such as in other countries, there are federal codes. So everybody is the same no matter where I’m here we we like to leave it up to the states and states rights because the United States. And so as we go from different states, there’s different rules in different jurisdictions, again, have different rules within the state. There are some jurisdictions that have no rules. To this day, there are some areas you go there no building codes, really. Yeah, absolutely a rural rural America for sure. Yeah, there’s no, there’s no overseeing body established to create the code. So it still doesn’t exist, doesn’t mean they can’t go by the IRC. And that’s generally what does happen. So we just default back to the basics of, you know, the International residential code. But the jurisdiction doesn’t exist, if the infrastructure doesn’t exist, and it’s it’s basically people policing themselves in the community level. In Florida, we have developed specific codes, Florida, and California, in particular high risk areas that led the country in development of code. The first codes to come to Florida started in 74, when the state adopted what we call the SBC, which was the southern Building Council, or the southern or the standard building code. And it was created by the southern building code Congress. Keep all that straight . Right. And in Canada, it was based on that international residential code that IRC that started way back from the fire commission in 70, floor 74, the state enacted and adopted the use of that SBC, that standard building code. And it was loosely enforced, but not really applied, but it was there as a reference almost, if you will. In 94, they formed the international code Council in Florida and they formed what we call the FPC which is the Florida building code. The Florida building code that was developed out of Miami and again it was the result of devastation as you know this stuff started with firing and in Florida It started with Hurricane Andrew. Again Hurricane Andrew came in to South Florida and homestead and basically erased it from the surface and the city said Wow, that was painful. It was one of the biggest hits to the insurance industry nationally. Insurance as a industry became not available which was a problem for development of Miami develop they took the IRC and said okay, we’re gonna change things and we’re gonna make it again local jurisdiction to withstand the storms so that we can build back better. And that’s what they did. They develop that FBC it became the ES f bc the South Florida building code because The rest of the state didn’t want to adopt it. They, they didn’t want to take part into it. It didn’t become a state enacted thing until the late early 2000s. So, in 2001, the state finally adopted it from one end to the other. But even at that point, North Florida still refused to participate in what was the FBC code because they insisted that they were not prone to hurricanes and storms. We’ve learned from them, I would hope that that was not the case. But it is still that Miami Dade is considered the high velocity hurricane zone. It’s just Miami Dade County, and anything outside of that is still following the FPC code. So there are specifics that maintain the highest standard, but they’re only pertinent to those two counties still. House over here in Collier, we live in what’s called the high wind area or the 140, which is the step down from the high velocity zone. So that essentially means that in the next up, change from underwriting, they’re going to include us in the high velocity hurricane zone, or the high risk zone. But basically anything on the coast right now within 10 miles of the water is considered a high wind zone. Okay, so we develop the South Florida building code, and it became the law in March 1 of 2002. So prior to March one 2002. If you weren’t in Miami Dade County, you were not generally building to that FBC code, you might have been following the international residential code, or you might not have enforcement was very loosely followed. And again, it was handed out by the local jurisdiction. And it varies from county to county, literally, I mean, there’s some in jurisdictions, you know, each town binita, Fort Myers Beach, a stero. each county will have their own building department within them. And they all answer to the FBC in the end, but they make their own codes and they make them a little stricter or do whatever is in the interest of that city’s board. And it’s constantly changing, because you know, board members changing, they make the rules up as they go.

In general, the building code is updated every three years. The IRC, and the associated codes that follow under it are changed on a three year cycle. We just changed. We’re currently in the 2020 code cycle, which is the seventh edition. On these changes over years, there’s usually a delay in implementation of the changeover stuff, just because trying to get all the contractors on the same page and up to speed with the changes. That’s not to say that the code doesn’t change every year, though there are yearly amendments that come out. So there’ll be an amendment to the 2020 code every year, until we get to the 2023 code. And then the whole thing will start over again. So it’s an ever changing world of rules. And it is very much like reading tax code. It is hard to follow. It’s very specific. And this is where the confusion comes in for the homeowner and the city. And the like of well, the city inspected it so why isn’t it fine? That that’s that’s all well and good. And the purpose of these codes was just for safety and standard. The problem is the numbers. Okay, so if you look at it from the standpoint of what the city is doing, a city code employee, an ICC code worker, as we call them, and international code Inspector, they basically are tasked with about anywhere between 25 and 50 stops and an eight hour schedule. I mean, you do them when you expect a code inspector to come in and he has basically not more than 10 minutes allocated to that single stop. And it’s sometimes there’s not even 10 minutes. So he’s got a list of stuff in his head that’s important to them. And that cycle that they’re looking to bring everybody up to, you know that they come in and go, Hey, this guy changed and you didn’t do it. And all the rest of the other stuff falls under the idea that the contractors are licensed. And their license is predicated on them following the code. So it’s kind of an after the fact assumption that they’re doing it out of being a professional in their industry. So there’s no way for you the homeowner to hold the city responsible for missing something in their code inspections. They’re doing it for their own purposes, essentially, which is really to keep contractors all on the same page with the city they’re working under. So you’re asking too much, basically, of your city code Inspector, to come out and make sure that your house is everything that you expected it to be, if your builder or contractor came up short, or didn’t know the updates or went his own way, and something. That’s where we come in as the private home inspector, we fill that gap. I don’t go out to do their job. I try not to reference code for this specific reason of attorney saying, well, you’re acting as a code Inspector, then not a code inspector. I’m a home inspector. But the basics of what these things are supposed to be our reference back to code. So yes, I have to follow and reference the code. But I am an independent contractor who references overall safety, I look at workmanship they don’t, I’m concerned with the overall product, they have no concern for how well it was done. They just want to know that it was done according to the rules. That doesn’t mean it was done right. Then just mean it was done according to the rule.

on the sly, if you will, the the word on the street, as we call it, if a builder told you that they built your house to code, another way of looking at that is saying they built you the minimum quality product they could build you right or the biggest POS on the block. There’s a lot to be said, just assuming that the city is looking out for you. And when you have what we call a CRC issued for your brand new home which is your certificate of occupancy certificate your CRC. And that basically means that the city’s done with it, they’ve done all their due diligence on their part, they’ve sent out all their inspectors to the extent for the purposes that they want, not you want and they’re done with it. That has nothing to do with how well they met your sales contract or your expectation or their due diligence to their warranty. I go in and see new builds all the time that you know right from the get go are seriously in need of repair. Currently, with the market the way it is product line supply lines chains are hit and miss. There’s a lot of struggle to get doors and windows right now. Which is holding up the progress that leads to contractor being pushed to do things they wouldn’t otherwise do. Such as Let’s finish the interior without the doors and windows installed. Wow, wow. Yeah, that’s gonna lead to some issues. Right? We’re starting off with a mold filled building. And then we’re finishing it. These things are not accounted for by the city. The city is not concerned with these things. The way in which a contractor does his job is not of their concern. That’s not to say that if you are dissatisfied with your contractor, there’s no way to go to the city and hold them the contractor responsible because the contract driver’s license through the city and that’s where the power comes from the homeowner you have an ability and a right and a means of making a dispute or putting a lien or some kind of complaint on a contractor’s license holding up their additional permits so that they can’t proceed with other work there’s means to deal with these things and that’s why the city does exist but it’s not generally what most people think of well they’re here to make sure that all these things are done for me that’s not the case. So that’s that’s Yeah,

Charlie 

and I know you’re just wrapping up but just just something comes to mind because because over the years I’ve done my share if you know not me personally and that’s where I’m going with this you know bringing contractors in to do work on the Home Renovations you know adding additions and all that and I have no clue of the quality work I mean I obviously I trust my contract and and all that but you know as you’re talking and thinking well you know, it probably would make sense to bring in a home inspector just to make sure that the work is done not like you said not just to code but you know to the standards that I’m expecting but I would have no clue if it’s really done to that level is that do you find yourself doing a lot of that work as well?

Rick 

Yeah, I in particular that’s that’s one of my niches in the industry I come from building my background is you know 30 years of doing the work with the various trade industries so I know the exact answer to that question. I know that the sleazy ways to get things done to hide things with you know what looks good but you know behind the first layer isn’t and that’s exactly what we’re getting out there. What is the workmanship? What is the quality of the product and you know, just because it looks shiny doesn’t mean it’s going to hold up and and yeah, absolutely that is exactly what we are here to help with. Part of getting the word out there to the consumer is that the home inspector not all but there are us qualified home inspectors with the knowledge base and background that will be that person for you to do just that that third party Hey, I’m just here to tell them how it is and this is what’s going on and I know that takes

Charlie 

you know the awkwardness out of you know for me to you know not confront but even just say ask questions. One what the answer is I’m not going to get because I’m not in that world but also just that relationship side of the equation when you bring you in to have that conversation you get it you can ask the right questions and I’m out of that maybe awkward situation if something that we should come up that doesn’t meet you know,

Rick 

exactly you know, a prime example is when I just did for a customer of a new bill they had an inspection of some nature done that reported issues with the roof they’d brought it up with their contractor the contractor denied you know, said no, then I don’t agree whatever, left them in limbo, they didn’t know the home inspector wasn’t very knowledgeable of what he was speaking of in that regard. I guess they admitted that at that point other than they deferred it for further evaluation and they found me listed through the tile roof Institute because that’s one of my specialties so I go through the training just like the installer contractor knows so you’re not getting when you tell me something you’re not going to follow me I don’t know you know and I looked at it and I did you know my fair assessment and in my opinion there was nothing wrong with it you know, I came down on the side of the contractor and there’s no harm done there. So again, the customer is brought back home to the contractor with the warm fuzzy feeling um you know not being slighted yeah you know, so it there’s a win on both sides. Yeah,

Charlie 

it is. Wow. Great, great stuff Rick. I know listeners really appreciate the time you spent in you know, weekly daily just staying on top of this and all the changes that will probably hit tomorrow and next week and next month and you know, that’s the wonderful thing about what you do you know, I know our listeners should they use your service can depend on you being on top of everything and and serving the role of making sure that whether we’re buying a home or selling a home or adding to our home that it’s it’s done the right way so awesome, awesome stuff.

Rick 

impartial third party. Yep, always here to help.

Charlie 

Terrific. Well look forward to the next episode. Rick, you have an awesome day.

Rick 

You too it’s great talking with you again, Charlie, and we’ll do it again.

Charlie 

Thanks for listening to the Trade Secrets Inspections podcast. To learn more about Trade Secrets Inspections, go to www.TradeSecretsInspections.com or call to 239-537-1186.

Transcribed by https://otter.ai