CONSTRUCTION REGULATIONS AND CODES

INTRODUCTION Construction is a highly regulated industry governed by laws, regulations, ordinances, and codes. These are applicable at the federal, state, and local levels. Regulation is intended to protect the health, safety and welfare of the public. Information on laws, codes, etc. is location specific. Consult local and municipal agencies and their websites.

REGULATORY ISSUES In a construction project, a contractor may be faced with dealing a large number of regulations and standards, including but not limited to: Job safety Labor employment Fire protection / environment Jurisdictional settlements Operation maintenance Property maintenance Barricades / trespassing Noise abatement

REGULATORY ISSUES (cont.) Insurance Building code(s) Trash disposal Pile driving Riveting Fencing Traffic control Licensing Sanitation Air quality Dust control Sanitary wastes Reserves / protected areas Easements Blasting Demolition Open excavations Housekeeping Open burning Air rights Public safety Land use / zoning Storm water drainage Waste water drainage Flood plain Wetlands Earthwork / grading Erosion / sedimentation control Height for aviation

MAJOR FEDERAL ENVIRONMENTAL LAWS Clean Air Act (CAA) Clean Water Act (CWA) Endangered Species Act Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Freedom of Information Act (FOIA) National Environmental Policy Act (NEPA) Oil Pollution Act of 1990 (OPA) Pollution Prevention Act (PPA)

MAJOR FEDERAL ENVIRONMENTAL LAWS (cont.) Resource Conservation and Recovery Act (RCRA) Safe Drinking Water Act (SDWA) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) Toxic Substances Control Act (TSCA) Occupational Safety and Health Act (OSHA)

Clean Air Act The Clean Air Act is the comprehensive Federal law that regulates air emissions from area, stationary, and mobile resources. This law authorizes the U.S. Environmental Protection Agency to establish National Ambient Air Quality Standards (NAAQS) to protect public health and the environment.

Clean Water Act The Act established the basic structure for regulating discharges of pollutants into the waters of the U.S. It gave EPA the authority to implement pollution control programs such as setting wastewater standards for industry. It also continued requirements to set water quality standards for all contaminants in surface waters and made it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained under its provisions.

Occupational Safety and Health Act Congress passed the Occupational and Safety Health Act to ensure worker and workplace safety. Their goal was to make sure employers provide their workers a place of employment free from recognized hazards to safety and health.

BUILDING CODES AND PERMITS There are some 19,000 jurisdictions in the U.S. which are currently controlled by building and other codes, numbering around 2,000. Effective the year 2000, the International Building Code has become the most widely used code. Previously, BOCA (Building Officials and Code Administrators) was commonly used. Building codes establish minimum standards and requirements for construction and building occupancy to protect public health, safety and welfare. However, they do not assure efficient construction or utilization.

BUILDING CODES AND PERMITS (cont.) Building codes focus on the safety of the constructed facility but they do not cover the safety and health of workers performing construction. The latter is covered under OSHA standards. Code compliance is signified by permits. There are different types of permits: Building permit Electrical permit Plumbing permit Mechanical permit Combination building permit Various permits for specialty work

BUILDING CODES AND PERMITS (cont.) Building permits can be issued to a property owner (directly or through an agent) or to a licensed contractor. Engineers and planners in a given jurisdiction need to review the plans submitted to issue a building or other permit. Work done without a valid permit is in violation of the law.