Inspections

Inspections: what some contractors may consider a necessary part of the job, others may consider a

bane to their profession. In either case, inspections are an important aspect of building regulation. Unlike

plan reviews, which ensure compliance with the code prior to construction, inspections ensure compliance

with the code during construction.



The contractor is responsible for complying with the code, and inspections are a continuation of that, since they are probably the most common interface between the contractor and code compliance.



The Authority for Inspection

To start, it is important to understand where the authority for inspections lies. In Section 104 of the

2006 International Building Code (IBC), the duties of the building official are defined, and they include

the duty to “make all of the required inspections.” Now, the building official will not perform each

inspection personally, and the code recognizes that, so the code has added provisions that give the

building official the authority to accept reports from “approved agencies or individuals.”



Approved agencies and individuals include the inspectors employed by the building department, or those provided by a private firm hired by the building department. You can expect the latter instance to occur if either the building department is so small that they do not have the necessary funds to keep inspectors on the payroll, or the workload has exceeded the building department’s capacity to provide the required

inspections with the staff available.



Another important item to understand is the building official’s access to the project site. In IBC

Section 104.6, it states that the building official is authorized to enter the project to enforce the

requirements of the code. If permission is denied, then the building official has the right to rely on local

law enforcement to gain entry, but only after a warrant is obtained from a court having jurisdiction.



Enforcing the right of entry is seldom used since most owners and contractors are cooperative when it

comes to building inspections.



Required Inspections

Specific inspections required by the code are described in IBC Section 109. Per this section, and as

applicable to the specific project, the following inspections are mandatory:

ï‚· Footing and Foundations: Conducted when footing excavations are complete and reinforcing steel

is in place.

ï‚· Concrete Slab and Under-Floor Construction: Conducted when all reinforcing steel, conduit,

piping accessories, and other items are in place but before concrete is placed.

ï‚· Lowest Floor Elevation: Submittal of flood hazard documentation as set forth in Section 1612.5.

ï‚· Frame Inspection: Conducted when framing, including fire-blocking, bracing and sheathing, is

complete. All rough-ins for electrical, plumbing, and other concealed systems must be installed and

approved.

ï‚· Lath and Gypsum Board: Conducted after interior and exterior lathing and gypsum board is in

place, but before plastering or gypsum board joints and fasteners are taped and finished.

ï‚· Fire-Resistant Penetrations: Conducted before joints and penetrations in fire-rated assemblies are

concealed.

ï‚· Energy Efficiency: Ensures compliance with the International Energy Conservation Code as

referenced in Chapter 13 of the IBC. This includes building insulation R and U values, fenestration U

value, and HVAC and water heating efficiency to list a few items.

ï‚· Final Inspection: Conducted when all work required by the permit is completed.



As previously stated, the inspections listed are mandatory if applicable to the project (i.e., there is no

reason to have a footing and foundations inspection if the project is a tenant improvement). However,

these are not the only inspections that a building department will conduct. Section 109.3.8 specifies that

inspections of any construction work are authorized by the building official “to ascertain compliance with

the provisions of this code and other laws that are enforced by the department of building safety.”



Special Inspections

The building official, or his designee, may not be the only person inspecting the jobsite for code

compliance. The building code also requires what are termed “special inspections” in Chapter 17.



Special inspections are inspections performed by individuals who have expertise in the area of the

inspection. For the most part, they are structurally related, including welding, high-strength bolting, and

precast erection. However, some are not, such as sprayed fire-resistant materials and exterior insulation

and finish systems (EIFS). Additionally, jurisdictions may require other types of special inspections

beyond those required in the code.



Typically, when submitting a set of documents to a jurisdiction for plan review, you need to include

applicable forms or certificates that identify the owner’s special inspectors for the required special

inspections. It is not important to know what special inspections are necessary when submitting plans for

a plan review. In most cases, the reviewers will identify what special inspections are necessary, and may

even attach the required forms to your return submittal.



In response to governmental members of the International Code Council, the International

Accreditation Service has developed an IBC Special Inspection Agency Accreditation Program. The

program is based on the requirements of IBC Chapter 17 and applicable portions of ISO/IEC 17020,

General Criteria for the Operation of Various Types of Bodies Performing Inspection. The program,

established in late 2004, requires special inspection agencies to develop and operate under a quality

assurance system that is documented in a manual. The accreditation also requires the agency to go

through a field assessment to determine if it is competent to perform specific inspections or types of

inspections.



Inspection Liability

I’m sure many of you out there have had at least one bad experience regarding building inspections.

There are personal stories, newspaper articles, and television news reports about buildings “passing

inspection” that have been discovered later to have had multiple violations of the building code. Some

reports have indicated that inspectors spend only minutes on the jobsite, which is commonly referred to as

a “windshield inspection”; staying only long enough to sign the inspection card. As with most news, the

negative travels faster and gets more attention than the positive, so it is difficult to accurately establish how prevalent below-standard inspections are across the nation.



Even if only a fraction of these negative experiences are true, it is nonetheless hard to place the blame

on the building inspector or the responsible building department. Building department budgets rarely

increase (if at all) at a rate comparable to the increase in construction activity. Thus, more inspections are

required per inspector. To compensate, building departments must either have their inspectors spend less

time on each project site, conduct inspections to fit the their own schedules (something that builders and

developers would surely protest), or hire an outside inspection firm on a temporary basis if budget

permits.



Although understandable, it would not be in a jurisdiction’s interest to perform substandard

inspections, regardless of its budget and schedules. The reason: public entities, such as building

departments and inspectors, do not have immunity from acts of gross negligence.



Working as a Team

As previously mentioned, inspections are an important part of enforcing code compliance in the field.

As a contractor, if you agree and accept that fact, then you have taken the first step in developing a

positive working relationship with your building inspector. To take it to the next level is to consider the

building inspector a member of the construction team, along with subcontractors, the owner, the architect,

and engineers. To keep that team together, here are some suggestions for working with your building

(and special) inspector:

ï‚· Give the inspector plenty of advance notice when requesting an inspection. Most, if not all, building

departments and special inspection agencies have established a minimum notification period. Keep

that in mind when preparing your 2- or 3-week “look ahead” schedule.

ï‚· If you have scheduled an inspection, but will not be ready for whatever reason, please let the

inspector know (before the inspector is on site) and reschedule the inspection. Cancellation of an

inspection should follow the jurisdiction’s or inspection agency’s procedures.

ï‚· Be familiar with the code. It will prevent surprises during an inspection if you catch any problems

first. Also, inspectors may sometimes take the most restrictive interpretation of the code, and you

might be able to convince the inspector that the item is in compliance.

ï‚· Be cooperative with the inspector. Cooperation is a two-way street, but you do not want to be the

reason for its failure. Do not be confrontational in explaining yourself, but, if necessary, ask the

inspector where in the code the requirement is stated (the inspector can only enforce what is in the

code). You may be correct in your position on an item, but how you relay that to the inspector may

be the difference between a delay of only a few hours and a delay of up to several days.



As long as there are codes regulating building construction, there will be inspectors. Nevertheless,

building construction continues to increase and the demand on building department services grows along

with it. In April 2004, the International Code Council conducted a survey of building safety officials in

15 of the nation’s largest metropolitan areas. The concerns most often mentioned were the “increase[d] work load, shortage of resources and insufficient budget to perform work.” In a statement following the survey, ICC CEO James Lee Witt said, “The increased demand for services offered by building departments and insufficient budgets can affect the long-term safety of a community. If buildings aren’t built to code, or there aren’t ample resources to conduct building inspections, public safety is at risk.”



Although budgeting for building department resources is not a responsibility of the contractor in the

field, having an understanding of the issues affecting building departments is important. How the public

interacts with inspectors has a direct impact on building department resources. Working cooperatively

can only help both the building department and the contractor. Another concern mentioned by all 15 of

the surveyed building officials was their perception regarding public opinion of their work. The building

officials felt that a building department’s existence is necessary and beneficial to the community;

however, they recognize that their enforcement duties are met with resistance from consumers and

industry professionals to some degree. Through a more interactive and cooperative relationship with the

building department and its inspectors, we can help change that perception for the better.