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Conflict between codes and listings

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[#1] Posted: 05/22/2012 - 11:36:55 AM
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Have I got the right quote here? Got a situation where a builder doesn't want to accept just the Hardiplank instructions and insists that if the AHJ says it's OK, it's OK. Need to show him where the AHJ isn't always correct.

Quote: R101.4 Referenced codes and standards

R102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditiosn of the listing and manufactuere's instructions apply.


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Mike

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Conflict between codes and listings
[#2] Posted: 05/22/2012 - 1:01:39 PM
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I'd say you do, but I'd be more comfortable seeing the word "material" in that quote.
I'm Gary Blum and I approve this message

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Conflict between codes and listings
[#3] Posted: 05/22/2012 - 1:18:01 PM
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It is my experience that the AHJ loves to deflect the responsibility and is happy when the manufacturers' published specs supercedes what is in the code. Why would the AHJ want the added responsibility of approving something different? Maybe you should bring the AHJ into the loop and ask for a written interpretation.
Steven C. Hockstein, AIA
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Conflict between codes and listings
[#4] Posted: 05/22/2012 - 1:37:01 PM
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Sections R703.10.1 of the IRC addresses the installation of fiber cement panel siding and R703.10.2 addresses fiber cement lap siding. Specifically it talks about fasteners and the requirement that they follow the prescriptions in Table R703.4 "or approved manufacturers' installation instructions."

Section 1405.16 of the IBC addresses the installation of fiber cement siding. "Siding and accessories shall be installed in accordance with approved manufacturer's instructions.

The word approved is italized in the code text, meaning that the word is defined in Chapter 2. The definition for approved is: Acceptable to the building official. Building Official is defined as: The officer or other designated authority charged with administration and enforcement of this code, or a duly authorized representative. The City of Seattle amended the code definition in its adoption to: Director of the Department of Planning and Development.

I believe the intent of saying that installation instructions must be acceptable to the building official is to allow the official the latitute to require that an installation meet other code prescriptions if the installation instructions fall short, and does not have the intent of dismissing an installation instruction.

What does the builder hold out as approval? The Certificate of Occupancy? The CO is not an endorsement of of code violations.

Blair Pruitt
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Conflict between codes and listings
[#5] Posted: 05/23/2012 - 4:11:44 PM
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What is the specific thing that the builder is wanting to do that does not conform to the code or installation standards?

Douglas Hansen
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Conflict between codes and listings
[#6] Posted: 05/23/2012 - 11:13:11 PM
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Hi Douglas,

It's actually what the builder doesn't want to do - have a sub correct some incorrectly detailed siding on a new home. J.H. requires blocking, head flashings and a 1/4-inch drainage gap at any penetration through their siding product that are 1-1/2-inches or larger. This is a case of a house where none of the exhaust fan outlets are blocked out and flashed, where crawlspace vents are blocked but not flashed, where exterior electrical fixtures don't have blocking or flashings, where the direct vent for the fireplace is not blocked or flashed and where the siding has been installed in contact with concrete.

The builder's attitude is that unless the AHJ tells him he needs to correct something, it's not going to happen and the AHJ obviously doesn't know anything about how the product is supposed to be installed or he/she would have said something about it.

It's just another one of those situations where the builder needs to understand that the manufacturer isn't going to warranty a product that's not installed properly, regardless of whether the AHJ has approved it or not, and then making him understand that the AHJ doesn't always have the last word.

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Mike

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Conflict between codes and listings
[#7] Posted: 05/24/2012 - 06:54:04 AM
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If he doesn't want to listen then hit him where it hurts. Advise your clients to walk. Maybe then he'll realize just how costly those missing details are.

If you really want to be snarky, call the local Hardie rep and tell him he should take a drive by a few of his jobs.

Tom

http://clearcreekhomeinspection.com/

Life is tough enough as it is, it's tougher when your stupid. Don't do stupid things.
Dr Joe Lstiburek
   
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