Builders and Contractors Exchange
Weekly Bulletin: 7 sept 2007
"...and construct in accordance with all applicable state, local, and federal requirements"
One of the most overused, least understood, and unfair general note in construction aimed at builders and contractors reads “…and construct in accordance with all applicable state, local and federal requirements.” In reality and as unfair as it may seem, it means that as designers they have not researched all of the likely requirements and or restrictions to their design, and although they are easily the best suited to conduct such research, they have not and expect you the builder or contractor to insure that it is constructed in such a manner. Since these words appear so often in construction documents, ironically they are frequently over looked. However these words can and do extend a tremendous amount of liability to the unknowing builder and contractor. One such hidden maze of requirements is the rarely spoken of Chapter 35 of the International Building Code.
In the Commonwealth of Virginia section 36-99 of the Code of Virginia sets forth the Uniform Statewide Building Code (USBC) to regulate the construction of buildings and to protect the health safety and welfare of the residents of Virginia. To assist in this ever increasing task the USBC through incorporation adopts and simultaneously requires compliance with a model building code titled the International Building Code (IBC). Here numerous well known and obscure code and regulation references are neatly tucked away throughout the code but ominously are listed in Chapter 35.
Chapter 35 of the IBC alphabetically lists the various standards and regulations that are referenced throughout the IBC. Chapter 35 lists the standards referenced within the code by the promulgating agency of that standard and the effective date and title of the standard. Some standards are well known such as the American Concrete Institute (ACI) and yet some are somewhat obscure such as the Cedar Shake and Shingle Bureau (CSSB).
Builders and contractors should beware of these hidden requirements because although these standards may not be specifically mentioned on the project drawings and specifications, but when the builder and or contractor is required to “construct in accordance with all applicable state, local, and federal requirements” builders and contractors can be held liable for compliance with all applicable standards in Chapter 35 which through incorporation and reference also bear the force of law in Virginia.
Questions?
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.