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1、 E 9008479 000b151 541 E The BOCA“ National Plumbing Codeil 993 Commentary BUILDING OFFICIALS AND CODE ADMINISTRATORS INTERNATIONAL, INC. 9008479 0006352 488 The BOCA“ National Plumbing Code/l993 Commentary BUILDING OFFICIALS AND CODE ADMINISTRATORS INTERNATIONAL, INC. Serving Government are not haz
2、ardous; do not cause the system or equipment to be any less in compliance with the code than before: and are performed, to the extent practicable, in compliance with the provisions of the code applicable to new work. f-103.2 Maintenance: Afl pkmbng systems, ba that is, any invalid portion of the cod
3、e does not render invalid the entire document. Only invalid sections of the code (as established by the court of jurisdiction) can be set aside. This is essential to safeguard the application of the code text to situations whereby a provision of the code is declared illegal or unconstitutional. This
4、 section would preserve the legislative action which put the legal provisions in place. All sections of the code not deemed invalid shall remain in effect. While a dispute over a particular issue (such as a ceiling height requirement) may have precipitated the litigation causing the provision to be
5、found unconstitutional, the remainder of the code must still be applicable. Invalid provisions in the context of existing buildings are addressed in this section. Any section found to be invalid as applied to existing structures does not affect the sections validity for new construction. The applica
6、tion of the code to an existing building may result in a legal finding that the application is unreasonable. This preserves the text and its application to new construction. -,-,- ADMINISTRATION SECTION P-105.0 DEPMT# and the code official shall not be removed from office except for cause and after
7、full opportunity to be heard on specific and relevant charges by and before the appointing authority. H This section establishes the code official as an appointed position from which the oficial cannot be removed, except for cause, subject to a due process review. P-1053 Relief from persona1 respomi
8、bdity: The code ofichl, officer or employee charged with the enforcement of .this code, while acting for the jurisdiction, shall not thereby be renidered liable personally, and is hereby relieved h m d l personal liability for any damage accruing to persons or property as a result of any act require
9、d or permitted in the discharge of official duties. Any suit instituted against: any officer or employee becauseof an act performed by that officer or employee in the lawful discharge of duties and under the provisions of and any officer of the department of mblng hsp nor shall such officer or emplo
10、yee engage in my work that ccmfiicts with o%cial duties or with the interests of t:he department. W Fair and impartial application of the code is essential in maintaining the integrity of the code enforcement activity. Even perception of inappropriate and self-serving activity can distract from the
11、enforcement effort. For these reasons, activities that may be reasonably construed as a conflict of interest are prohibited. For example, the code official is prohibited from conducting the plan review of a project in which such code official has a material or pecuniary interest. s r . . , Q$;CIJI T
12、his section establishes the responsibility and the authority of the code official and subordinates. P-106.1 Cenerai: The code official shall enforce all of the provisions of this code and shall act on any question relative to E h e innstalIation, alteration, repair, maintenance or operation of alt p
13、lumbing systems, devices and equipment, except as other- wise specifically provided for by statutory requirements or as provided for in Sections P-106.2 through P-106.8. The duty of the code official is to enforce the code. Because the code official must also act on all questions related to this res
14、ponsibility except as specifically exempted by statutory re- quirements or elsewhere in the code, the code official is the “authority having jurisdiction” for all matters relating to the code and its enforcement. It is the duty of the code official to interpret the code and to determine compliance w
15、ith the code. Code compliance will not always be easy to determine and will require the judgement and expertise of the code official. When the code is silent with respect to a particular plumbing installation or lack thereof, the code official is obligated to secure the intent of the code by using t
16、he best possible judgement in acting on the matter. F*lO rather, it is intended to provide for the acceptance of equivalent protection. Such modifications do not, however, ex- tend to actions that are necessary to correct violations of the code. In other words, a code violation or the expense of cor
17、recting a code violation cannot constitute a practical difficulty. P-1072.1 Records: The application for modification and the final decision of the code offkial shall be in Writing and shall be officially recorded with the application for the permit in Materials, txpipment and devices shall not be r
18、eused unless such elemears have bee0 reconditioned, tested and placed In goad ami proper workhg condition and approved The code criteria for materials and equipment have not been constant, and evaluation of testing and evaluation technology have permitted the development of criteria for materials an
19、d systems which may not have been applied to previously used materials and equipment. As a result, used materials are required to be evaluated in the same manner as new materials. Used (previously installed) equipment must be equivalent to that required by the code if it is to be used again in a new
20、 installation. Used equipment, appliances and materials must be made to comply with the code and, where necessary, compliance must be demonstrated by testing. The responsibility of the code official to evaluate and approve products, materials and systems is stated in this section and throughout the
21、code. I P-107A Alternative materials and equipment: The provisions of this code are not intended to prevent the installation of my material or to prohibit any method of Construction not specifi- cally prescribed by this code, provided that any such alternative has been approved. An alternative mater
22、id or method of con- struction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions o f this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed
23、 in ttis code in quality, strength, effectiveness, fire- resistance, durability and safety. The code is not intended to inhibit innovative ideas or tech- nological advances. A comprehensive regulatory document such as a plumbing code cannot envision and then address all futurc innovations in the ind
24、ustry. As a result, a performance code must be applicable to and provide a basis for the approval of an increasing number of newly developed, innovative materials, systems and methods for which no code text or referenced standards yet exist. The fact that a material, product or method of constructio
25、n is not addressed in the code is not an indication that such material, product or method is intended to be prohibited. The code official is expected to apply sound technical judgement in accepting materials, systems or methods which, while not anticipated by the drafters of the current code text, c
26、an be demonstrated to offer equivalent performance. By virtue of its text, the code regulates new and innovative construction practices while addressing the relative safety of building oc- cupants. The code official is responsible for determining if a requested alternative provides the equivalent le
27、vel of protection of the public health, safety and welfare as required by the code. The most common application of an alternative approval occurs with the proposed use of new material. If a new piping material is produced, the manufacturer may gain approval of the use of the product by submitting ad
28、equate technical data indicat- ing that the pipe is equivalent in quality, strength, effectiveness, fireresistance, durability and safety to the piping material listed in the code as being acceptable. At the same time, the manufac- turer may submit a code change request to recognize the new piping m
29、aterial. If the code official rejects the request for an alternative ap- proval, the applicant may appeal the decision to the board of appeals, which is regulated by Section P- 12 1 .O. P-XW,4d eseareln a d hinVt h a t O attc/ body* sh except that the code officiai SW grant one or more extensions of
30、 time for additional periods not exceeding 90 days each, if there is reasonable came. W Typically, an application for a permit is submitted and goes through a review process that ends with the issuance ofa permit. However, if a permit has not been issued six months after the date of filing, the appl
31、ication for the permit is considered aban- doned, unless the applicant was diligent in efforts to obtain the permit. The code official has the authority to extend this time limitation (in increments of 90 days) provided that there is reasonable cause. This would cover delays beyond the applicants co
32、ntrol such as prerequisite permits or approvals from other authorities within the jurisdiction or state. The intent of this section is to limit the time between the review process and the issuance of a permit. This section deals with the mechanics of issuing, suspending, revoking or modifying permit
33、s. P - 1 0 9 . 1 A e t h on appXEcatkin: “be code official shall examine or cause to be examined all applicatims for permits, and amend- ments thereto within a reasonable time afterfnam The code officiai shall stamp or endarse k waiting btb sets of ccww$mcrkw documents “Approved;” and one set of oth
34、erwise, the inspector must conduct, in effect, a plan review during every inspection. Such a method would be time consuming and prone to error. This section prescribes that departmental operations will be supported by user fees as determined by individual jurisdictions. F-U3+1 General: A permit to b
35、egin work for new construction or alteration shall not be issued until the prescribed fees shall bave been paid nor shall an amendment to a permit necessitating an additional fee because of lhe additional work involved be approved until therefore, an exact number of required inspections cannot be sp
36、ecified. Where violations are noted and corrections are required, reinspections may be neces- sary. As time permits, frequent inspections of some job sites, especially where the work is complex, can be beneficial by detecting code-compliance problems or potential problems before they develop or beco
37、me more difficult to correct. It is the responsibility of the contractor, builder, owner or other authorized party to arrange for the required inspections and to coordinate inspections to prevent work from being concealed prior to being inspected. Plumbing systems and equipment that have not been in
38、spected and approved may be unsafe to utilize; therefore, final inspection and approval must be attained before such systems and equip- ment are utilized. P-li4.1.1 Approved inspection agencies: The coe af%ciaX shall accept reports of approved inspection agencies provided such agencies satisfy the r
39、equirements as to qualifications an$ reliabiIity. As an alternative to the code official conducting the inspec- tion, the code official is permitted to accept inspections of, and reports by, approved inspection agencies. Appropriate critena on which to base approval of an inspection agency can be fo
40、und in Sections P-402.3.2.1 through P-402.3.2.3. P-ll4.1.2 Evaluation and foilow-up inspection services: Prior to the approval of a closed, prefabricated plumbing system and the issuance of a plumbing permit, the code official shall require the submittal of an evaluation report on each greab therefo
41、re, justification must be evident and judgement must be exercised before a stop work order is issued. A stop work order can prevent a violation from becoming worse and more difficult or expensive to correct. A stop work order may be issued where work is proceeding without a permit to perform the wor
42、k. Hazardous conditions could develop where the code official is unaware of the nature of the work and a permit for the work has not been issued. The issuance of a stop work order on a plumbing system may often result from work done by the plumbing contractor that affects a nonplumbing component. Fo
43、r example, if a plumbing contractor cuts a structural element to install piping or fixtures, 1-14 -,-,- M 9008479 0006170 4T3 I AD MINISTRATION the structure may bc significantly weakened so as to cause a partial or complete structural failure. P-117.2 Unlawful continuance: Any person who shdl conti
44、nue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be Liable to a fine of not less than AMOUNT dollars or more than AMOUNT dollars. H This section states that
45、the work in violation must terminate, and that al! work, except that which is necessary to correct the violation or unsafe condition, must cease as well. As determined by the municipality or state, a penalty may be assessed for failure to comply with this section. , , , SEWl whatever is dangerous to
46、 human life or detrimental to health; whatever structure or premises is not dciently ventilated, sewered, drained, cleaned or lighted, with respect to its intended occupancy: and whatever renders the air or h u m food or drink: or water supply unwholesome. The very first phrase indicates that the me
47、aning of the term “nuisance” can be interpretive. Although there are certainly situations in which a health hazard is clearly present, other conditions which represent an unreasonable interference with “the enjoyment of life and property” require a subjective decision on the part of the administrati
48、ve authority. An indirect waste discharge onto a floor adjacent to a floor receptor could be a slipping hazard and therefore judged to be a nuisance. Also, any insanitary condition caused by a plumbing installation or lack of a plumbing installation could be considered as a nuisance. Occupancy: The
49、purpose for which a building or portion thereof The occupancy classification of a building is an indication of the level of hazard to which the occupants are exposed as a function of the actual building use. Occupancy in terms of a use group classification is one of the primary considerations in the development and application of many code requirements which are designed to offset the set of hazards specific to each use group designation. is utilized or occu