미국의 건축법규와 건축물안전을 위한 시사점

One of the most basic human needs is shelter. In modern times, shelter also involves substantial monetary investment. It appears obvious that human shelters should withstand the inexorable forces of nature to protect inhabitants from injury and their structures from damage. Building codes are paramount governmental instruments for regulation of standards governing building design and construction, and for enforcement of statutory mandates for the licensing of those engaged in design and construction. Governments for thousands of years have regulated building standards to enhance building safety, sanitation and livability. Throughout human history, the scourge of fire and its spread led governments to mandate construction with masonry or other nonflammable materials, rather than flammable materials such as thatch used on roofs, and to empower government agents to enforce building laws. The heart of code administration and enforcement is the “permitting” process, which involves governmental issuance of: ①building permits to authorize commencement of construction, ②partial approvals or enclosure approvals authorizing contractors to proceed with sequential work or cover up or enclose certain building elements, such as plumbing or electricity, ③temporary use approvals to authorize contractors to begin using installed heating, plumbing, electrical, elevator, or other building systems for temporary construction purposes, and ④certificates of occupancy permitting completed structures to be occupied for their intended purposes. Stating the design professional’s standard of care in the abstract is a rather straightforward task. But this is only the beginning of the inquiry as to whether, in a particular instance, a designer is liable for failing to meet the applicable standard of care. The conclusion recommends the retention of state-mandated prescriptive codes providing specific requirements of minimum building standards for residential construction. Builders and contractors should be prohibited from undertaking the responsibility for ensuring compliance with such requirements. Only then will members of the general public be able to intelligently manage their risks and interests with the support of law regarding compliance with building regulations established to protect life, safety, and property.