Residential Building Inspector B1General Administration, Legal, and EnforcementMedium

An inspector observes a newly completed residential garage that has been converted into a habitable living space without the necessary permits or modifications for occupancy. The space lacks proper egress, ventilation, and fire separation. What is the most severe enforcement action the building official is authorized to take under the IRC for this 'Unsafe Structure'?

  1. AOrder the immediate evacuation of the structure and post a placard declaring it unsafe for occupancy.
  2. BRequire the owner to remove all furniture from the space and revert it to a garage.
  3. CIssue a notice of violation and impose fines until the structure is brought into compliance.
  4. DRefer the matter to the homeowners' association for resolution.
Show answer & explanation

Correct answer: A. Order the immediate evacuation of the structure and post a placard declaring it unsafe for occupancy.

When a structure or portion thereof is found to be unsafe for occupancy due to lack of egress, ventilation, fire safety, or other critical code deficiencies, the building official has the authority to order immediate evacuation and post it as unsafe.

Why the other options are wrong

  • B. While reversion might be an option, it's not the most severe action for an unsafe condition.
  • C. Fines are common, but immediate evacuation for unsafe structures is more severe and safety-critical.
  • D. Homeowners' associations do not have the authority to enforce building codes or declare structures unsafe.

Unsafe Structure

A structure that is structurally unsound, constitutes a fire hazard, is dangerous to human life, or is otherwise no longer suitable for its intended use due to code violations.

  • Building official has authority to order evacuation.
  • Can be placarded as 'Unsafe'.
  • Remediation or demolition may be required.

Memory trick: An unsafe structure means immediate danger, requiring official shutdown.

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