# Citing code sections for every single violation



## jar546 (Apr 13, 2010)

Wondering who, in every case, always cites the specific code section for  each and every violation that is written up as a result of an  inspection.  I always do on plan review but not for every single  inspection as it is not always asked for, not always needed and a  serious time consumer.  I do realize that some municipalities and State  laws require it.

Please discuss


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## FredK (Apr 13, 2010)

Almost never do I cite the section number even in plan reviews.

I've found that no one in the field has a code book so any number would do.  However if asked I will furnish a code section and even the commentary if they wish to understand the reason for the call.


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## conarb (Apr 13, 2010)

I asked this recently but never got an answer, where in any code does it mandate the citing of a code section when turning something down?


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## jar546 (Apr 13, 2010)

conarb said:
			
		

> I asked this recently but never got an answer, where in any code does it mandate the citing of a code section when turning something down?


None of the codes require it.


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## High Desert (Apr 13, 2010)

Oregon has an Adminstrative Rule requiring us to idenfiy code sections when writing corrections on inspections or plan review. Personally, I have always included code sections in my plan reviews. One of the positive things that have arisen from this is inspectors and plans examiners are reading the code more and it has greatly reduced inspectors "bluffing" someone because they thought the code was wrong or thought it was a good idea. If you can't cite, don't write it.


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## chris kennedy (Apr 13, 2010)

conarb said:
			
		

> where in any code does it mandate the citing of a code section when turning something down?


No where in any code does it state that I, the installer, has to prove to any inspector that my installation is compliant. If the inspector is prepared to tell me my install is non-compliant he better be prepared to not only cite an article but discuss it also.


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## AegisFPE (Apr 13, 2010)

I would offer that it could be interpreted to be in the code: IBC 104.2 states, "The BO shall _(yadda, yadda)_ enforce compliance with the provisions of this code."

That could be read to say that in all of the identified duties for which the BO is responsible, compliance shall be enforced *with** the provisions of this code.

In other words, the provisions of the code must be used by the BO for enforcement.



> *Thesaurus entryart of Speech: 	preposition
> 
> Definition: 	by means of
> 
> Synonyms: 	on, *supported by*, through, via, with the assistance of


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## FM William Burns (Apr 13, 2010)

The only time I cite chapter and verse is on plan review for deficient items discovered. After a few years on the job I got tired of updating forms and now that I'm electronic I don't want to mess up the forms designer. Now if anyone questions it; I cordially provide them with a copy of the referenced code.

I have nothing against jurisdictions or states that mandate it, and thankfully our does not.


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## kilitact (Apr 13, 2010)

No where in any code does it state that I, the installer, has to prove to any inspector that my installation is compliant. If the inspector is prepared to tell me my install is non-compliant he better be prepared to not only cite an article but discuss it also

Section 106.1.1;

Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations as determined by the building official. What's their to discuss??


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## kilitact (Apr 13, 2010)

No where in any code does it state that I, the installer, has to prove to any inspector that my installation is compliant. If the inspector is prepared to tell me my install is non-compliant he better be prepared to not only cite an article but discuss it also

Section 106.1.1;

Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations as determined by the building official. What's their to discuss??


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## TimNY (Apr 13, 2010)

I only cite code sections on plan review for deficiencies.  Circle problem area, write code section, may include one or two words to describe problem (eg "safety glazing" or "specify nails").  What I am not going to do is write  "footing required under this column that is holding up half the house" or "you must specify bracing for this 3-car garage with 1-foot wide walls next to every door"

On-site inspections I use plain English on the inspection card I leave.  Happy to look up the corresponding section if they call the office afterward.  Sometimes I will get contractor's cel phone number and call him when I return to the office with the exact wording of a section.


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## AegisFPE (Apr 13, 2010)

The most orderly manner I see for an applicant to know what it takes to "conform to the provisions of the code," or for an inspector to assess if the work complies with code, is if there are written rules.

The code offers such provisions, and 104.2 requires enforcement of the same, for which the applicants must demonstrate compliance per 106.1.1 (which is a later section, based on the premise of the identified criteria to which the design will be evaluated).

If 104.2 were not present, and the BO enforced their interpretation (per 104.1) of the code's intent (per 101.3), then compliance would effectively be a moving target, such that the designer would never know if their design would be considered to sufficiently provide for safety and welfare, even though it met the prescribed code provisions, and the inspector would never know if the BO would agree that the work provided for the same, even though it was completed in accordance with the prescribed provisions of the code.


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## Gene Boecker (Apr 13, 2010)

Check with your legal council on this. I think you'll find that in most states, if you do NOT cite chapter and verse then there is no requirement to comply with the citation. Without a code section citation, there is no backing to the request. Of course we all know that when the building inspector says something the contractor will likely try to do what is necessary. But when the pushing and the shoving starts, you may be holding an empty basket if there's no direction on what is needed. 

I used to teach the legal concepts of code administration seminar years ago, and the citation of the relevant section is critical to the force of the citation. Without it, the citation is essentially a "wish list."


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## conarb (Apr 13, 2010)

I looked up my CBC 104.1



> *104.1 Applications and permits.* The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.


My "legal" interpretation of that section is that it does not require citing code sections, I read it as:


You must take in applications.

You must review them (Plan Check).

You must make inspections,

You must enforce this code.

Nowhere do I read into your requirement to enforce the code a requirement to tell the permit holder which section he is violating. Citing sections may go a long way towards your mandate to enforce compliance, but I think you could say (for example): "The framing violates code, make it compliant".

Don't get me wrong, I think citing chapter and verse is a great service and very professional, and it does go a long way towards complying with your mandate, but I don't read it as a requirement, as much as I wish I could.

I just read Gene's post.

If the permit holder asked what was wrong with the framing, I think you would be able to just say: "It violates code", if there was an appeal you may be asked what about the framing violated code, then you would say (for instance): "The permit holder used 16d box nails when the code calls for 16d common nails", someone on the appellate board could then ask how that violated code, then you would have to cite the applicable code section to prove your case.  Again, this discussion is all rhetorical, and I think it's an excellent idea to cite code sections by chapter and verse, I soon may be on the opposite of this argument and wish there was a clear mandate to force the inspector to cite code sections.


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## Yankee (Apr 13, 2010)

I do it more like this

"On-site inspections I use plain English on the inspection card I leave. Happy to look up the corresponding section if they call the office afterward. Sometimes I will get contractor's cel phone number and call him when I return to the office with the exact wording of a section."

If it comes to a sit-down, I'll have a section referance available, even a copy for them. What I don't like, is to go through the whole submittal and write code sections for every issue. In many cases I feel like I am doing their design work for them. It depends on how far off they are, and what info they need.


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## mark handler (Apr 14, 2010)

Citing specific code sections prevents the opinions from creeping into enforcement.

Have you ever seen a traffic ticket without the vc number


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## AegisFPE (Apr 14, 2010)

Conarb said:
			
		

> > *104.1 Applications and permits.* The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.


Nowhere do I read into your requirement to enforce the code a requirement to tell the permit holder which section he is violating.It is your Item 4 that is adverse to the interpretation presented.  Section 104.1 already authorizes and directs the BO to enforce the provisions of this code.  It appears that the closing phrase of 104.3 "enforce compliance with the provisions of this code" could be applied to each of the actions required of the BO in this section:

The BO shall:

1. receive applications _and enforce compliance with the provisions of this code_ (see also 106.1)

2. review construction documents _and enforce compliance with the provisions of this code_  (see also 106.3)

3. issue permits _and enforce compliance with the provisions of this code_ (see also 105.1)

4. inspect the premises _and enforce compliance with the provisions of this code_ (see also 109.3)

If other sections as referenced above already require the BO to do these things, it need not be stated here, unless to clarify that when performing these duties, "enforce compliance with the provisions of this code."

This statement does not read "enforce compliance _in accordance_ with the provisions of the code."  Rather, it mandates that the BO in performing these duties, "enforce compliance *with* the provisions of this code," which a strict interpretation could construe to mean that the provisions of the code shall accompany (be with) the enforcement of compliance.

There is no doubt room for other interpretations in its application, as with most sections of the code, but when an earlier poster asked for a reference that could require such a mandate, this one appears to fit the bill.

Even if such a strict interpretation were accepted, it would be challenging to refute any action which referenced 104.1.  This would probably not reduce the number of calls requesting clarification of the specific code section referenced, but it is a provision of the code being enforced!


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## paul (Apr 14, 2010)

Depends on hte type of onspection. For a Fire Safety and PM inspection, my report generator allows me to copy & paste code sections.

Routine construction inspections are hand written in the field, and left at the job site. When asked for clarification, I give the code section and that's usually adequate. If they want more I email or deliver code sections.


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## cboboggs (Apr 14, 2010)

Like some of the others, I give the code section on plan review. My inspectors use plain english on our hand written forms. If asked, we provide them with a code section and a copy of the applicable section.


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## jim baird (Apr 14, 2010)

Our admin procedure (adapted from state model) says permit holder can ask in writing for section reference.  Written request requires written answer.


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## rktect 1 (Apr 14, 2010)

I chose sometimes when I feel like it.  It isn't that I feel like it though but that answer best described when.  I choose to do it sometimes when I feel that section would help the DP better understand where I am coming from and what I want back from him.

When I took this job I was told not to cite any sections.  This was based on the fact that we send out two review letters.  One to the DP and one to the owner/resident.  The owner/resident is not going to understand word one from those sections and will only cause them to call us non stop and bog us down.  So I have to write each review comment as if it is going only to the owner/resident.   This way both the owner/resident and DP will/should be able to understand what I want.

I am not saying I agree with this philosophy.  But I have to adhere to this requirement of my position.


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## FyrBldgGuy (Apr 14, 2010)

After having discussed this many times with DA's the citing of a violation without the code section and the specific reason for vioaltion, along with the date and location results in an unenforceable action.  Judges do not like vague statements.  If you don't care to ever take a violation to court then don't bother giving the correct information.


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## mtlogcabin (Apr 14, 2010)

Plan reviews and fire prevention inspections 90% of the time a code section number and the written section is provided.

Corrections required during construction are usually plain english with the Chapter # or general Section # referenced.


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## FM William Burns (Apr 14, 2010)

In follow-up and after reading what has evolved since my last entry; Our electronic inspection form has the ordinance section, appeal section etc.  Our man with suit has no issues with it and  rarely does anyone push or shove with a cited deficiency on inspection thankfully.  As mentioned previously, different story in review where we cite chapter and verse if submittal is gray or totally deficient of code reference and I admire those who continually keep up with the numbers for all their various sections where deficiencies can arrise from.


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## brudgers (Apr 21, 2010)

When I did plan review I found it expedited the process to cite the code section for each exception ( or the building code report, Miami-Dade approval, or Manufacturer's requirements for specific products used as alternative means and methods aka tapcons and simpsons).

In my opinion, if you didn't cite the code, you probably didn't read it and are going off memory or a guess.  In any event, citing the code improves one's understanding of it.


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## TimNY (Apr 22, 2010)

Not sure how it works elsewhere, but an on-site inspection report or a plan review is not a court document.  Certainly it can be introduced as evidence, but it is not an instrument to invite an individual to appear before the court.

An invitation to appear before the court is an appearance ticket, such ticket bearing the name of the defendant, the section of law allegedly violated and the date of violation.  Filed with the court is a violation information, which will cite the code section, include the text of the code section and describe the alleged violation of the code section.

Failure to cite a code section on a plan review or on-site inspection report does not preclude you from writing a ticket later (which will include the information as noted above).  The violation does not cease to exist because you did not quote a section.

YMMV depending on whether the Judge is having a good day or bad day, the quality of your penmanship, whether your state is conservative or liberal, how many times the defendant has been before the court, how much effort you put into resolving the situation out of court and on and on..  I'm just stating my experience.


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## doyt (Apr 23, 2010)

When doing a plan review I always cite the Code Section for non-compliance issues.  The designer can clearly understand the issue and respond with either a correction or appeal it to the Board of Building Appeals.

When doing a field inspection I rarely cite a code section and will limit the notes to such "Additional anchor bolts required, 1 bolt required within 12" .... . However if it is a recurring problem with the Builder I might include the Code Section just to drive home the point.  If they request the code section I am more than happy to provide it to them.

When issuing an adjudication order on an code issue I ALWAYS include the Code Section.  The Adjudication Order is a legal document and you better be prepared to defend the order with facts to the Board of Appeals (or in Common Pleas Court if it goes that far).

If you are enforcing a local ordinance, you must include the code section if you are issuing a citation. Otherwise be prepared to have the matter thrown out and look like a fool.

It may be a pain in the you know what, but that's what you are being paid to do.

Just my 2 cents worth.


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## Gene Boecker (Apr 23, 2010)

doyt, keep posting!

I like your money!


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## ewenme (Apr 23, 2010)

"Wondering who, in every case, always cites the specific code section for each and every violation that is written up as a result of an inspection. "

Violation at an inspection or on code enforcement actions is different than 'corrections on plan review.'  One is real, the other is on paper. Our City Attorney would throw me down the stairs if I marched up to his office without specific citiations of 'what is wrong' 'why it's wrong' and 'how do I know it's wrong.'  The Prosecutor's Office in a previous jurisdiction was adamant too: show me the code issues if you want me to do something about them. It's way too late to drag out the chapter and verse for the first time in front of a judge.

That being said, I don't quote chapter and verse for plan reviews, just chapter.


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## JBI (Apr 24, 2010)

Plan reviews, yes.

Field inspections, only as necessary.

Order to Remedy/Notice of Violation (these are precursors to Appearance Tickets), yes.

Appearance Tickets, yes.

conarb - The requirements to cite chapter and verse will be in your local law authorizing enforcement of the Code.


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## fatboy (Apr 24, 2010)

Code section citation, plan review, sometimes, if I feel it will give more direction than a simple note, field inspection? No.

Am I ready, willing and able to do it upon request? Of course........

Although, when I'm feeling a little ornery, and I have a contractor that just doesn't get it, I might just list the code section as a correction.........knowing full well he doesn't have a code book of his own........


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## fatboy (Apr 24, 2010)

Code section citation, plan review or field inspection? No.

Am I ready, willing and able to do it upon request? Of course........

Although, when I'm feeling a little ornery, and I have a contractor that just doesn't get it, I might just list the code section as a correction.........knowing full well he doesn't have a code book of his own........


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