The Online Code Environment and Advocacy Network

FAQ-Enforcement

Does enforcement need to adhere strictly to the code as written or is interpretation on the
part of the code official allowed?
The Code Enforcement Official (CEO) is the first line of
defense for enforcement. In certain cases, that
individual must make a decision as to how a specific
requirement applies to a situation. They may also need
to interpret a code requirement that seems somewhat
ambiguous.

If a member of the building community feels a decision

made by the CEO was not appropriate, there may be
opportunities with the state administrator to provide
another interpretation. It is also possible to
incorporate additional information in your application
to address the CEO’s concerns.

Above all, it is important to work within the system. Everyone involved, including the CEO, is working to ensure
sound construction of the buildings within a given jurisdiction.

What should be provided to the CEO to enable proper enforcement of the energy code?
It is good practice to have a document dedicated to “energy” in your plans. This is helpful not only for the Code
Enforcement Officer (CEO), but the efficiency of the entire enforcement process.

The document should outline all the energy details of the envelope, including windows and doors with their
respective R- and U-values detailed. It is also helpful to include:
Copies of any required compliance forms
REScheck printouts
..
Spec sheets for any materials or equipment that are part of the energy design.

Should designers “sign off” on compliance of building plans?

When a design professional is involved in a project, many states and jurisdictions require the designer to confirm
plans are compliant. If this is not required it would be advantageous to consider adding this requirement to the law.
Many times the assurance of the designer is the primary means of enforcing the code on complex commercial build-
ings. Greater care is taken to assure code is met if a designers’ license is at stake.

OCEAN is an online resource of the Building Codes Assistance Project

BCAP 1850 M St. NW Suite 600 | Washington, DC 20036 | www.bcap-ocean.org
 FAQ-Enforcement

What should be evaluated when looking for a third party code enforcement contractor?
Many third party firms specializing in code
enforcement have staff with demonstrated
ability in building and energy codes (i.e. a
previous CEO, designer, or engineer). Careful
evaluation of the background and previous
experience of potential team members
should be a primary consideration. It is also
important to inquire into the required
certifications within the state.

Additionally, it is helpful to develop criteria

for selection that includes performance
measures. For example: does the firm do full
plan reviews, inspections, follow-up,
compliance failure follow-up, etc.?

When unfamiliar with the state of local codes, where can one look?

The first place to find building codes within a specific location is to contact the local municipality and see if a code
enforcement office exists at the local level. If this is not handled on the local level, the next step is to determine if
there is any enforcement required on the state level. Since the local jurisdiction typically manages the filing of
property titles and deeds, they should know where to direct you for this information.

BCAP 1850 M St. NW Suite 600 | Washington, DC 20036 | www.bcap-ocean.org