The building official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures: 1. 1. Shall be in compliance with the intent and purpose of this code. 2. 2. Shall not have the effect of waiving requirements specifically provided for in this code. #### [A] 104.2.1 Listed compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the building official . #### [A] 104.2.2 Technical assistance. To determine compliance with this code, the building official is authorized to require the owner or owner’s authorized agent to provide a technical opinion and report. ##### [A] 104.2.2.1 Cost. A technical opinion and report shall be provided without charge to the jurisdiction . ##### [A] 104.2.2.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official . The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional . ##### [A] 104.2.2.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations. ##### [A] 104.2.2.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the building official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the building official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the building official . #### [A] 104.2.3 Alternative method of compliance . The provisions of this code are not intended to prevent the installation or use of any material, system, design or equipment not specifically prescribed by this code, provided that any such alternative is not specifically prohibited by this code and has been approved . **Exception:** Performance-based alternative methods of compliance and equipment complying with the *International Code Council Performance Code*. This exception shall not apply to alternative structural materials or to alternative structural designs. ##### [A] 104.2.3.1 Approval authority. An alternative method of compliance shall be approved where the building official finds that the proposed alternative is satisfactory and complies with Sections 104.2.3 through 104.2.3.7, as applicable. ##### [A] 104.2.3.2 Application and disposition. Where required, a request to use an alternative method of compliance shall be submitted in writing to the building official for approval. Where the alternative method of compliance is not approved , the building official shall respond in writing, stating the reasons the alternative was not approved . ##### [A] 104.2.3.3 Compliance with code intent. An alternative method of compliance shall comply with the intent of the provisions of this code. ##### [A] 104.2.3.4 Equivalency criteria. An alternative method of compliance shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable: 1. Quality. 2. Strength. 3. Effectiveness. 4. Durability. 5. Safety, other than fire safety. 6. Fire safety. ##### [A] 104.2.3.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative method of compliance shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the building official . ##### [A] 104.2.3.6 Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections 104.2.3.6.1 and 104.2.3.6.2. ###### [A] 104.2.3.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the building official for the installation. The alternative method of compliance and product evaluated shall be within the scope of the building official’s recognition of the approved agency . Criteria used for the evaluation shall be identified within the report and, where required, provided to the building official . ###### [A] 104.2.3.6.2 Other reports. Reports not complying with Section 104.2.3.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official . The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional . ##### [A] 104.2.3.7 Peer review. The building official is authorized to require submittal of a peer review in conjunction with a request to use an alternative method of compliance, prepared by a peer reviewer that is approved by the building official . #### [A] 104.2.4 Modifications. Where the building official determines that it is not practical to specifically comply with this code or utilize an alternative method of compliance in accordance with Section 104.2.3, the building official shall have the authority to approve modifications in accordance with Section 104.2.4.2, 104.2.4.3 or 104.2.4.4. ##### [A] 104.2.4.1 Approval authority. As a condition of approval, the building official shall find that one or more special individual reasons make it impractical to specifically comply with this code or provide equivalency through an alternative method of compliance in accordance with Section 104.2.3. ##### [A] 104.2.4.2 Individual cases. The building official shall have the authority to grant modifications for individual cases, provided that the building official shall first find that one or more special individual reasons make the strict letter of this code impractical, and that the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of the written request for and action granting modifications shall be recorded and entered in the files of the department of building safety. ##### [A] 104.2.4.3 Disasters or emergencies. In preparation for, during and after a disaster or other emergency event, as determined by the building official , the building official shall have the authority to issue written policies, procedures or rules that modify this code as necessary to protect life and property. Such policies, procedures or rules shall be made available to the public and shall include start and end dates, which can be extended at the building official ’s discretion. ##### [A] 104.2.4.4 Flood hazard areas. The building official shall not grant modifications to any provision required in flood hazard areas , including special flood hazard areas and 500-year floodplains , unless a determination has been made that: 1. The applicant has presented good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render compliance with the flood-resistant construction provisions of Section 1612 inappropriate. 2. Failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable. 3. The granting of the modification will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing laws or ordinances. 4. The modification is the minimum necessary to afford relief, considering the flood hazard. Where a modification permits the lowest floor to be lower than the elevation required by Section 1612, the building official shall provide a written notice to the applicant stating that the cost of federal flood insurance will be commensurate with the increased risk and that construction below the minimum required elevation increases risks to life and property. ##### [A] 104.2.4.5 Application and disposition. A request to use a modification shall be submitted in writing to the building official for approval. Where the modification is not approved , the building official shall respond in writing, stating the reasons the modification was not approved . ##### [A] 104.2.4.6 Compliance with code intent. Modifications shall comply with the intent and purpose of this code, and shall not lessen any of the following: 1. Health. 2. Accessibility. 3. Life safety. 4. Fire safety. 5. Structural safety. ##### [A] 104.2.4.7 Tests. Tests conducted in support of a modification shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the building official . ##### [A] 104.2.4.8 Reports. Supporting documentation where necessary to assist in the approval of a modification shall comply with Sections 104.2.4.8.1 and 104.2.4.8.2. ###### [A] 104.2.4.8.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the building official . Evaluation of the modification shall be within the scope of the building official's recognition of the approved agency . Criteria used for the evaluation shall be identified within the report. ###### [A] 104.2.4.8.2 Other reports. Reports not complying with Section 104.2.4.8.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent. The report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official . The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional . ##### [A] 104.2.4.9 Peer review. The building official is authorized to require submittal of a peer review in conjunction with a modification request, prepared by a peer reviewer that is approved by the building official . ##### [A] 104.2.4.10 Records. Records of the written request for and action granting modifications shall be retained in accordance with Section 104.7.4.

Chapter 1·Scope And Administration

Which of the following residential structures is permitted to be constructed in accordance with the International Residential Code rather than the International Building Code?

Under what circumstance do the provisions in the appendices of the code apply?

Which International Code governs private sewage disposal systems when referenced by the code?

Where a general requirement in the code conflicts with a specific requirement within the same code, which provision governs?

When a conflict arises between a provision of the International Building Code and a provision of a referenced standard, how is the conflict resolved?

55 more questions in this chapter

Chapter 1Scope And Administration