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(A version of this article appears in the California
Construction Law Reporter, published by the West Group.)
By James E. Acret
The
City of Pasadena adopted Ordinance No. 6847 to permit design
professionals and builders to use the International Building
Code instead of the Uniform Building Code. The Uniform Building
Code was developed in the early 1990s. The International
Building Code is a combination of the Uniform Building Code,
National Building Code and the Standard Building Code. It
contains the most modern provisions and is recognized by
the Federal Emergency Management Administration as the latest
code for the protection of property against national disasters.
Pasadena has many architects, engineers and developers who
also work in other parts of the county, and they are accustomed
to utilizing the more up-to-date provisions found in the
International Building Code. By adopting that code, the
city intended to permit newer and safer methods of design.
California
Attorney General Bill Lockyer concluded that Ordinance No.
6847 is not consistent with state law. Ops.Cal.Atty.Gen.
01-306. The legislature has enacted the California Building
Standards Law (Health and Safety Code §§18901
to 18949.31) and the California Building Standards Code
(California Code of Regulations Title 24). The California
building code is based on the 1997 edition of the Uniform
Building Code. 24 California Code of Regulations §104.2.8
permits a building official to approve alternate materials
and designs, but such approval must be based on specific
evidence that the proposed design is at least the equivalent
of that prescribed by the California Building Code in strength,
effectiveness, fire resistance, durability, safety and sanitation.
Because the building official did not make such a determination
but relied on the proceedings of the International Code
Council to validate the International Building Code, Ordinance
No. 6847 does not comply with state law.
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To learn more about Howrey's Construction Practice Group, click here. For more information about books and other legal materials written by James Acret, click here and enter "Acret" in the site search engine. To learn more about topics covered in this article, contact Paul Berning at 415-848-4996 or at paulberning@howrey.com.
©2002 Howrey LLP
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