Okla. Admin. Code § 748:20-2-6

Current through Vol. 42, No. 3, October 15, 2024

Section 748:20-2-6 - IBC[®] 2018 Chapter 1 Scope and Administration

Chapter 1 of the Oklahoma adopted IBC[®] 2018 includes the following Preamble at the very beginning of the chapter:

(1) Pursuant to 59 O.S. § 1000.23, the OUBCC has adopted the IBC[®] 2018 as amended and revised by the OUBCC, as the statewide minimum code to be used by all entities for commercial building construction in jurisdictions throughout the State of Oklahoma. However, the OUBCC's adoption of Chapter 1 "Scope and Administration" of the IBC[®] 2018 is for continuity purposes and the OUBCC's adoption of Chapter 1 recognizes the methods of best practice in fully implementing the statewide minimum code for commercial building construction.

(2) All provisions of the adopted IBC[®] 2018, including Chapter 1, as amended and revised by the OUBCC, are hereby established and adopted as the statewide minimum code for commercial building construction in Oklahoma pursuant to 59 O.S. § 1000.23, which may only be amended or altered pursuant to Oklahoma law and the administrative rules of the OUBCC as set forth in Title 748, Chapter 15 of the Oklahoma Administrative Code. However, the provisions of Chapter 1 adopted herein are only intended to be in force and effect to the extent that the respective provisions do not conflict with State law or the lawful exercise of code administration and enforcement jurisdiction by entities empowered to do so pursuant to applicable law.

(3) Section 105.1.1 Annual permit. This section has been modified to clarify an annual permit is a yearly permit that represents a group of individual permits for each alteration to already approved electrical, gas, mechanical or plumbing installation. This section shall read: 105.1.1 Annual permit. An annual permit is a yearly permit which represents a group of individual permits for each alteration to an already approved electrical, gas, mechanical or plumbing installation. The building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.

(4) Section 105.1.2 Annual permit records. This section has been modified to require the building official to collect the OUBCC permit fee for each individual permit that is part of the annual permit at the completion of the annual permit term. This section has been modified to read: 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such detailed records of alterations at all times. At the completion of the entity's annual permit term, the applicant shall file such detailed records of alterations with the building official. Pursuant to the authority of 59 O.S. § 1000.25, the building official shall collect fees for each individual permit which is part of the annual permit once the detailed records are submitted and remit such fees to the OUBCC.

(5) The OUBCC's adoption of Chapter 1 in this manner is made with the recognition that the legal authority granting state and local code administration and enforcement jurisdictions the power and discretion to administer and enforce codes arises from Oklahoma laws governing those jurisdictions. Furthermore, the OUBCC also recognizes that many state and local code administration and enforcement jurisdictions have already created, or have the lawful authority to create, departments, offices and administrative policies pursuant to various applicable laws and other adopted model codes with "Scope and Administration" provisions similar to Chapter 1 of the adopted IBC[®] 2018.

(6) This limited adoption of Chapter 1 is made in recognition of the authority and discretion possessed by jurisdictions to administer and enforce building codes. Exercising such authority and jurisdiction in a manner inconsistent with Chapter 1 must be supported by Oklahoma law. Code administration and enforcement jurisdictions shall not use the OUBCC's limited adoption of Chapter 1 to circumvent the remainder of the requirements established by the Oklahoma adopted IBC[®] 2018 and the OUBCC will strongly oppose any such practice.

Okla. Admin. Code § 748:20-2-6

Reserved by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 8/3/2020

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/14/2021