[NA] Building code, Texas[NA]

Let'sgoflying!

Let'sgoflying!

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Dave Taylor
We are in a county with an unincorporated town, and I am told that builders are bound by a building code. This is probably a good question for Spike. Is the building code the Uniform Building Code UBC or is it a state code?
Most building around here is not done with rigid obeyance of code, because everyone knows there is no inspection process.

The question has to do with constructing buildings, and if the code requires them to be built above grade. So many people build right on the flat ground because it is stable and when they build it is not raining. Later on, it rains and they discover the floor awash. I just wonder if there is state law that points to a requirement to build a certain height or not.
 
Typically, site elevation would be a planning or zoning issue, not a building code issue. But no one paid attention to either in my part of Texas, the Golden Triangle.
 
Dave,

This varies state by state.

Here in MO building codes are locally adopted and we have no state jurisdiction and/or enforcement. So, if the town and/or county haven't adopted a code then there is no code.

Conversely, in some states, like OH & KY, the state has jurisdiction in the small towns and they have state plan reviewers and inspectors who take over when the local jurisdiction is too small to have the funds and/or expertise to review plans, inspect and enforce the national codes.

You need to find out how Texas works. I'm sorry but I don't know, I haven't built in TX in quite some time.

By the way...The latest code is the International Building Code (a consolodation of the old UBC, BOCA and Southern...sort of). They produce the (most used) Building, Mechanical and Plumbing Codes. NFPA still writes the Electrical Code (NFPA 70) and the sprinkler code (NFPA 13).
 
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As Tim said, UBC has been supplanted (in most places where there is any code at all) by the IBC. Generally, we apply the IRC (International Residential Code) to one- and two-family home construction. You have to look to the codes adopted by the local jurisdiction, though (about which, more in a moment).

In the absence of an inspection authority, no one is "bound" by anything; there may be requirements imposed by construction or mortgage lenders and (of course) insurance carriers.

If a dispute arises, of course, the various codes serve as good source material for determining reasonable practices which, in turn, could be used to decide whether the builder or designer are or should be liable for defective conditions.

Note, also, that even in an area with no code inspection authority, certain trades are still bound by license-related code requirements, including electrical and plumbing.

If a house was built during the effective period for the TRCCA (Texas Residential Construction Commission Act), the IRC and NEC (National Electric Code) would apply in any location which did not have a building code adopted by the municipality in which the house was located *or* in the municipality which is the County Seat for the county is located (NB: Dave is in a county in which the County Seat is not a municipality - it is an unincorporated "place with a name").

The TRCCA (and its applicable law) "sunsetted" out of existence as of 9/1/2009, when the legislature failed to implement renewal provisions for the agency (no big loss, in my opinion).
 
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No...someone says the rain that fell on my land in yesterday's storm went down the county street 1/4 mile, turned a corner and entered their building. This building is at grade with inadequate berm protection....and I noticed today a creek coming from another of their neighbor's, into their property.
 
Let'sgoflying! said:
No...someone says the rain that fell on my land in yesterday's storm went down the county street 1/4 mile, turned a corner and entered their building.
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Ah, bummer. Didn't know that I was responsible for the rain that falls onto my property (beyond not being allowed to build a berm that re-routes it into my neighbors yard).

This building is at grade with inadequate berm protection....and I noticed today a creek coming from another of their neighbor's, into their property.
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Dont know how it works in those kinds of disputes, but the 'contributory negligence' of building their house inconsistent with zoning or code, may not get you out of responsibility for the damage that 'your' water has created (if you are indeed responsible for your runoff in a liability sense). It's one of those oddities of tort law that the victim can be responsible for most of the damage yet anyone who contributed to it in some way can be hit with the full value.

The good news is you got some rain. Didn't you guys have a terrible draught ?
 
Indeed, drought and fire.
I attribute a lot of the water flow to the fire. All the vegetation on that hillside burned away, leaving nothing to slow the water, allow it to soak in. Instead it gushed off like Niagara.
 
Dave, is your land developed or non? If your land is not developed then your neighbor doesn't have a case. He can sue mother nature all he wants to though. :)
 
Heh.

Where Dave lives, the developed land is not developed.
 
just for grins, what do you think my insurance co would say/do IF they made a good claim ie I was found negligent or whatever. Think its excluded by policy?
If excluded, think complainant could successfully sue in situation I mention?
 
Let'sgoflying! said:
just for grins, what do you think my insurance co would say/do IF they made a good claim ie I was found negligent or whatever. Think its excluded by policy?
If excluded, think complainant could successfully sue in situation I mention?
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The first thing I would do is talk to my insurance company. Who knows, maybe they have a 'runoff engineer' contracted whom they send out to verify whether your drainage is indeed going places it shouldn't. Kind of like your dog getting out of the yard and eats someones prized cat.
 
I might call the insurance co tomorrow.
I think we have the problem covered though, if I hear a complaint about the runoff, I am going to ask where my water is. I want it back, y'know.
 
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