Even the most experienced builders can stumble when it comes to code compliance. As requirements evolve, small oversights can turn into failed inspections, costly delays, and frustrated teams. Here, we dig into the most common areas where projects miss the mark—and more importantly, the practical steps builders can take to get it right the first time.
Q: What would you say are the top three areas where builders most commonly fail to meet code?
In no particular order of importance:
First: If you are installing replacement windows in existing homes, in addition to obtaining a building permit, the permit holder (contractor) is responsible for ensuring the replacement windows meet the State Energy Code requirement of a U-Factor of 0.32 or lower. The contractor is also responsible for ensuring the house has smoke alarms and carbon monoxide alarms in the locations specified by the code in International Residential Code (IRC) Sections R314 and R315. On a somewhat regular basis, during my final inspection for replacement windows, the contractor fails to leave the National Fenestration Rating Council (NFRC) labels on the windows that indicate the U-Factors, and quite often, they comment that they have never heard of the requirement for smoke alarms and carbon monoxide alarms.
Second: If you are constructing a deck, porch, garage, or addition, a printed copy of the city “approved
plan” needs to be on site, along with the printed building permit card. The city provides a plan review as part of the building permit application process to see if your plan appears to meet the intent of the code—and if not, the city will typically either make notes on the plan or return it to you for corrections. When the permit application is approved, you will need to have that “approved plan” available on site for all inspections.
Third: If you are building a deck, please note that the minimum and maximum measurements related to guard height and openings, stair run and risers, and gripable handrail dimensions are listed in the code as requirements, not suggestions. If your deck guardrail is only 35 1/2 inches high, it will not meet code. (I see this often with wood guardrail systems.) A 2-by-6-inch board laid flat does not meet code for the handrail.
Q: Are there any code updates builders should be aware of right now?
The State of Minnesota adopts the IRC—published by the International Code Council—on a somewhat regular basis. Minnesota has plans to adopt the 2024 edition of the IRC in late 2026, according to the latest communications from the Minnesota Department of Labor and Industry (MN DLI); although, no dates are set in stone yet. The plan is to also adopt a new Minnesota Residential Energy Code at approximately the same time, but nothing is guaranteed until it is signed into law. There are proposed amendments to both the building code and energy code, but we will see where they go.
Q: What issues are most likely to cause delays, failed inspections, or corrections of existing work?
Permits can be delayed with submittal documents that are incomplete, such as insufficient information on plan, improper survey/plot drawing, or lack of submittal documents (ie. Truss specifications, etc.). As a building inspector, I try to be on time for all inspections, within 10 minutes of the scheduled time, so I do not delay anything.
In my experience, failed inspections are generally due to lack of approved plans on site, damaged engineered products, or lack of manufacturer’s installation information on products. If the builder shows up at the scheduled inspection and brings permit documents, the inspection process typically moves along well, even if there are minor issues to address (nailing, blocking, flashing, etc.).
Q: Where do you see builders struggling most with energy code compliance right now?
The code requires specific minimum requirements for insulation, vapor retarders, and continuous air barriers. It opens the door for options based on design. My best advice is for designers, builders, and code officials to attend energy-code classes from competent instructors where they can ask about these options and get some clear answers that will help them move ahead. Also, with the proposed new energy code coming toward the end of this year, we still do not know specifically what changes will take place.
Q: What should a pre-inspection checklist include if a builder wants to catch common misses early?
If you try to create a checklist, you will likely miss other things. Learn the code from multiple instructors and other sources. And, when in doubt, ask the local inspector what specific codes related to your project mean. I also suggest buying copies of the Building Code and Energy Code to keep in your truck.
Q: What’s one best practice you teach in your trainings that builders adopt quickly and see results from?
I became a building inspector more than three decades ago and have been teaching continuing education classes for residential builders, designers, and code officials for more than two decades. I think my job out in the field is to ensure a structure is built according to the state code—weather resistive, structurally sound, safe, and energy-efficient—and adopted standards. I am also there to assist the builders, designers, and homeowners with information on codes, standards, and best practices that will assist in keeping their projects moving along. I like to keep the dialogue open between the inspectors and those out in the field.
Q: What other advice or suggestions do you have for residential builders?
When preparing a bid proposal for any structure, be very specific about the materials being used, such as the type of treated wood, composite decking, siding, and roofing; wind-rating of proposed shingles; U-factors of glazing; and what’s included and not included in the proposal.
Put all change orders in written form and have both parties sign it. If you have large quantities of building materials, ensure you address lien rights—and when those deliveries are paid for, you should provide a material lien waiver to the homeowner with your invoice.
MN DLI requires your state license number be listed on your vehicles, identification cards, and business cards. That makes it easier for code officials to pick out the unlicensed builders that are taking your work.
Learn more about building codes and requirements at dli.mn.gov.
