Local and State Building, Codes and Regulations
01/27/09
Although the right “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” rests with the United States congress (Article I, U.S. Constitution), in many instances, construction projects continue to be primarily “regulated” by local and state laws, in addition to Federal laws and increasingly international law. “Statutes, ordinances and codes requiring inspections are enacted by governmental entities to secure for the public at large the benefits of such enactments.” Siple v. City of Topeka, 235 Kan. 167, 173, 679 P.2d 190 (1984) (emphasis added). Local and state laws are enacted for the “health, safety, and welfare” of the “public at large.” An ordinance may be adopted, but it must be in harmony with, and subject to, the Constitution and laws of the state. Thomas v. Barnes, 634 S.W.2d 554, 555 (Mo.App. E.D. 1982). Municipalities may pass ordinances setting minimum standards for construction projects, including the adoption of building, mechanical, plumbing, electrical and similar codes. State ex rel. Schneider v. City of Kansas City, 228 Kan. 25, 612 P.2d 578 (1980) (distinguished on other grounds by, State ex rel. Franklin v. City of Topeka, 266 Kan. 385, 969 P.2d 852, 78 Fair Empl. Prac. Cas. (BNA) 911 (1998)). The purpose and scope of building codes is to protect the health and safety of the public by establishing minimum standards for the design, construction, and structural strength of all buildings. Uebele v. Oehmsen Plastic Greenhouse Mfg., Inc., 125 Wis. 2d 431, 373 N.W.2d 456 (Ct. App. 1985).
Building regulations by a municipality are an exercise of the police power. Fleming v. Moore Brothers Realty Co., 363 Mo. 305, 251 S.W.2d 8, 15(4) (1952). A municipality may regulate such things as the quality, size and construction material of a structure to protect the safety and welfare of a community. See Servatius v. Town of Verona, 124 Misc. 2d 848, 477 N.Y.S.2d 270 (Sup. Ct. 1984), judgment aff'd, 112 A.D.2d 706, 491 N.Y.S.2d 879 (4th Dep't 1985); Sawyer v. City of Sheridan, 793 P.2d 476 (Wyo. 1990); Levitt & Sons v. Young, 189 Misc. 922, 74 N.Y.S.2d 120 (Sup. Ct. 1947); State ex rel. Snyder v. Yoter, 65 Ohio App. 492, 19 Ohio Op. 97, 32 Ohio L. Abs. 525, 30 N.E.2d 558 (9th Dist. Summit County 1939); and Korricks Dry Goods Co. v. Kendall, 33 Ariz. 325, 264 P. 692, 58 A.L.R. 145 (1928).
There are three parts of state and local law compliance:
1) administrative/code/criminal compliance,
2) contract compliance, and
3) tort liability for non-compliance.
If we can assist you regarding Local and State Building Codes, Laws and Regulation, please contact our Construction Law practice group.
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