IABO Code Talk
Question 1: Does the contractor carry some reponsibility for knowing what the code requirements are and would therefore need to fix the stairs?
Question 2: If the contractor called for the rough-in inspection and the inspector did not notice the stairs, does the contractor still have the same responsibilty, or are the stais allowed to stay, b/c the inspector missed it on the rough-in.
Comments
tear em out
rough-in inspection missed it... too bad contractor is exppected to know the codes.
The contractor is ultimately responsible to install them correctly. Now that you (the City) knows there's a problem, I think your legal department would say they need to be corrected, also.
The contractor is responsible and the stairs must be fixed to comply with the code. I think the 2009 IRC provides some guidance in Chapter 1. R105.4 says permit does not give authority to violate code. R106.1.1 requires plans submitted to demonstrate compliance with the code. R109.3 says inspection requests are the duty of the permit holder. R109.4 says work shall not continue without approval (rough-in inspections). The building official / inspector also has duties to gain compliance per R104. The city or county may be exposed to liability if the stairs are not fixed. Ideally, these issues should be resolved in plan review stage to identify significant code requirements like this.
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