Building Acts
Building Acts
Building Acts, also building codes, municipal and state laws regulating the construction of buildings and prescribing minimum requirements for fire protection, sanitation, and safety. Such laws are intended primarily to set standards for new construction but also to prevent the continued use of buildings deficient in these respects. Often attacked as confiscatory, these laws have been held by the courts to be within the police power of the state.
Various American colonies enacted building laws to prevent the spread of fires as early as the 17th century. No general action was taken, however, until late in the 19th century, when numerous conflagrations, notably the Chicago fire of 1871, led to a more general adoption of requirements for fire-retarding and fireproof construction. Improved standards for multiple dwellings were drafted at the beginning of the present century, with the enactment of tenement housing laws, first by New York and later by other states. About the same time, associations of fire insurance underwriters formulated building codes, and although these had no force of law, compliance was obtained by setting prohibitive insurance rates on buildings of unsatisfactory construction. These codes served as guides in the enactment of local building laws, which now contain most of their important provisions. The trend toward unification of such building codes has increased, leading to the development of regional codes, which serve groups of municipalities, and state building codes, which have been established throughout the United States.
Manufacturers of building materials have experimented with their products to allow for relatively rapid and inexpensive construction. In 1968 New York City passed legislation permitting building with prestressed concrete, structured plywood, and reinforced brick, but most other communities retain laws requiring the use of traditional materials only.
As distinct from zoning laws, which regulate the location, use, and size of various types of buildings (see City Planning), modern building laws set standards for planning and layout and for providing adequate passages and exits, daylight, and ventilation; establish requirements for construction and materials to ensure proper strength of materials and safety; and set standards for such equipment as elevators, fire escapes, and plumbing, heating, and electrical installations. Many of these building laws are of the specification type; that is, they establish exact specifications for all materials and methods of construction. A newer type, known as a performance code, allows for the continuing presentation of improved materials and techniques to a board of building standards. Such a code has been used to some extent in Cleveland, Ohio, and in New York City. (1)
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