IRC vs local

[John Dirks Jr]

Please set me straight. IRC applies everywhere and local codes can get more strict if they want. Local codes "cannot" make IRC codes more lenient. Is this correct?

[fqp25]

I really wouldn't say more strict or lenient. Around me it's what the municipality adopts from the IRC, and what it deletes. They'll take part of a chapter and say delete section X thru Y. Most towns eliminate the whole chapter itself.

Around me I've only ran into one small town (village) that actually adopted the current IRC to the tee.

In another town I ran into a local code that allowed for smaller dimensions for hallways, stair treads and risers. In that case they had verbiage in their code like" Replace Chapter X, Section 1.2 with XXX....." So, in that case I guess you could look at it like being more lenient, however I think they were making it more acceptable to the way they build their houses back then.

Frank

[Chris Bernhardt]

Local codes "cannot" make IRC codes more lenient. Is this correct?

In general, if the IRC is adopted by a State as a model code, usually with amendments, the local AHJ's are suppose to comply and only get more restrictive if they want to.

Why do you ask?

Chris, Oregon

[John Dirks Jr]

I found some IRC violations in an attic and the builder claims the local AHJ said it was ok. I checked and the local follows 2002 NEC and the violation is the same there.

[Chris Bernhardt]

the builder claims the local AHJ said it was ok

They always say that.

Chris, Oregon

[Phillip]

In my area they do not enforce some of the items that they adopted. Like not having weeps and flashing; At the roof to wall connection they let them you rake flashing instead of step flashing. They do not force the builder to bolt the framing to the slab/foundation.

In another little town they want an AFCI for each bedroom and they also say that screws are fine in the attic pull down stairs.

[Brandon Chew]

Originally posted by AHI

Please set me straight. IRC applies everywhere and local codes can get more strict if they want. Local codes "cannot" make IRC codes more lenient. Is this correct?

The IRC is a "model code", meaning it has no force of law. It represents the collective opinion of a broad cross-section of subject matter experts about what currently constitutes the "minimum requirements to safeguard public safety, health and general welfare, through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment."

The code that applies in a given location is whatever code the municipality adopts through its local laws. It could be the IRC verbatim, it could be the IRC with modifications, or it could be something completely different. State law often controls what the locals are required and allowed to do.

New York, for example, adopts a modified version of the IRC that applies everywhere in the state except for New York City. Local governments are required to adopt this code in their local laws. They are not allowed to change it to make anything more lenient. They can apply to the state for approval to add things that are more stringent -- they call them "More Restrictive Local Standards" (MRLS).

Somewhere in the local law or in the local code, the powers and duties of the building official (a/k/a the AHJ) will be defined. The building official can legally do and not do whatever is spelled out there. If your local code is based on the IRC those powers will say something like this:

The building official is authorized and directed to enforce the provisions of the code. The building official can interpret and clarify the code, but such interpretations must conform with the intent and purpose of the code, and specific requirements of the code cannot be waived.

Now, what the law says people are supposed to do, and what people actually do, are not always the same...

Side comment: Be careful about using the word "violations" to describe what you find, as in "I found some IRC violations...", unless you are performing a code compliance inspection. You're not doing one of those inspections unless you are one of those people "authorized and directed to enforce the provisions of the code".

[inspector57]

Originally posted by AHI

Please set me straight. IRC applies everywhere and local codes can get more strict if they want. Local codes "cannot" make IRC codes more lenient. Is this correct?

Nope, IRC does not apply everywhere.

And then, it depends on what your state law says. IF a code is adopted as law, then the AHJ cannot unilaterally change it except where specifically allowed by the code itself (and then the AHJ is really not changing it) or another law or amendment.

The AHJ is supposed to enforce the code as adopted by whatever government entity they answer to; that is different in different areas. You really have to deal in specifics in this area, IMHO.