Highlights of Codes, Regulations and Laws For Public Protection

Codes & Regulation For Public Protection:Federal Level:

Codes & Regulation For Public Protection:

State Level Housing Codes

• State and local agencies adopt EPA and other federal regulations by ordinance.– This is what gives the regulations legal clout.

• States also adopt Building Codes that apply to new construction and/or rehabilitation.– This is what gives the building code legal clout.

Codes & Regulation For Public Protection:

State Level Housing Codes

•International Building Code is the most recent conventionally adopted code.

•History: •Uniform Building Code (UBC)•Building Officials and Code Administrators (BOCA)•International Building Code (IBC)

Common Federal Regulatory Agencies

EPA: US Environmental Protection Agency – EPA publishes its regulations at Title

40 of the Code of Federal Regulations.

– EPA establishes regulations on housing problems related to:• Lead-based paint• Air quality• Sanitary/potable water• Asbestos, etc.

Common Regulatory Agencies

• HUD: United States Department of Housing and Urban Development.

– HUD publishes its regulations at Title 24 of the Code of Federal Regulations.

– HUD establishes regulations for all housing and for housing receiving federal funds.

Common Regulatory Agencies

• HUD Regulates:

– MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES

– NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS, FAIR HOUSING

– HOUSING ASSISTANCE/PUBLIC HOUSING

– HUD publishes its regulations at Title 24 of the Code of Federal Regulations.

Example of State Building Code Standards Adoption

• The following is an example of federal regulation guidelines being adopted by State Legislature.

• www.energycodes.gov: JCARR (Ohio Joint Committee on Agency Rule Review)

Core Elements of Housing Codes that Address Health

• General sanitation• Pest infestation• Plumbing• Ventilation• Carbon monoxide• Combustion devices• Non-absorbent flooring• Hazardous materials• Weather-tightness & Dampness

Public Nuisance Laws

• Local governments have the authority to address nuisances that threaten health & safety of the general public.

• The definition of a nuisance varies by state and locality.

• Most codes provide authority to take action when a condition in a residential property is harmful to health.

Landlord Tenant Laws• These laws establish the responsibilities

for tenants and landlords.

• For example:

– Tenants may be required to keep premises free of clutter, which can help attract and harbor pests.

– Landlords are required to provide maintenance to keep pests out and provide sufficient trash pick up.

A Closer Look At Building Codes• Objectives of the building code:

– To ensure safety & health of the occupants and general public• Life Safety• Fire Safety• Structural Safety

– Does NOT deal with asthetics

Life Safety: Handrails

• Building code address life safety issues like guardrails/handrails

Life Safety: StairsBuilding code address life safety issues like:

• Tread/riser uniformity• Accessibility regulations for handicapped

Fire Safety: Construction Methods

• Building code regulates fire safety related to fire-resistant construction materials and methods.

– Ie, platform framing vs. balloon framing

• Balloon framing has been outlawed by building codes in many areas because of the fire danger that it poses

Balloon vs. Platform Framing

Fire Safety: Code Required Passive Fire Protection

– Requires use of fire-resistance rated wall and floor assemblies

• Aids in managing/limiting spread of fire

– Requires occupancy separations, or firewalls, to keep fires, high temperatures and flue gases within the compartment of origin

• Aids in firefighting and evacuation

Health & Welfare

• Provisions are included in the building code for:– Lighting– Ventilation– Sanitation– Temperature– Noise control

• Minimum space requirements for habitable rooms

Enforcement of A Building Code• Codes are enforceable through the

police powers of the state.

• States usually delegate power to local jurisdictions– County/municipality

Building Officials

• Authority to enforce/administer code for jurisdiction.– Designs nothing– Builds nothing– Repairs nothing

• Responsibility:– To see that persons engaged in these

activities do so within the requirements of law.