Oklahoma Administrative Code Title 748 - Oklahoma Uniform Building Code Commission
Oklahoma Administrative Code
Title 748 – Oklahoma Uniform Building Code Commission
Overview
Title 748 of the Oklahoma Administrative Code establishes the rules and regulations promulgated by the Oklahoma Uniform Building Code Commission (OUBCC). This body is responsible for adopting and enforcing building codes and standards across the state of Oklahoma.
The Commission’s primary mission is to ensure public health, safety, and welfare by regulating building construction, electrical standards, mechanical systems, plumbing, fire safety, and related construction practices.
Legal Authority
The authority of the OUBCC flows primarily from the Oklahoma Uniform Building Code Act (74 O.S. §§ 5001 et seq.), which empowers the Commission to adopt, amend, and enforce uniform building codes statewide.
The Act requires the adoption of nationally recognized codes (such as the International Building Code, National Electrical Code, International Plumbing Code, etc.) and allows the Commission to set additional requirements tailored to Oklahoma’s specific needs.
Key Functions and Responsibilities
Adoption of Building Codes: The OUBCC adopts and updates codes such as the International Building Code (IBC), International Residential Code (IRC), National Electrical Code (NEC), and other related technical standards.
Code Enforcement: Establishes minimum standards for construction to ensure safety in structural integrity, fire prevention, accessibility, energy efficiency, and sanitation.
Certification and Licensing: Oversees certification of building inspectors, plan reviewers, and code enforcement officials.
Education and Outreach: Provides training programs for builders, architects, engineers, and code officials to promote compliance.
Rulemaking: Issues administrative rules clarifying the implementation of the codes and addressing local enforcement procedures.
Structure of Title 748
Title 748 contains administrative rules divided into parts addressing:
Definitions and General Provisions
Adoption and Amendment of Codes
Permitting and Inspection Procedures
Code Enforcement and Appeals
Licensing and Certification of Professionals
Penalties for Violations
Highlights of Key Provisions
1. Adoption of Codes
The Commission formally adopts the latest editions of model codes, including the IBC, IRC, NEC, International Mechanical Code, and others.
Oklahoma may add amendments to address state-specific concerns such as seismic safety, tornado resistance, and energy efficiency standards.
2. Permits and Inspections
Building permits are required before commencing construction.
Inspections at key stages (foundation, framing, electrical, plumbing, final) must be performed by certified inspectors.
The rules set time frames for permit approvals and inspection scheduling.
3. Enforcement and Compliance
Local governments are generally responsible for enforcing the codes.
The Commission may assist or intervene if local enforcement is inadequate.
Violations can result in stop-work orders, fines, and revocation of licenses.
4. Appeals Process
Provides a procedure for builders or developers to appeal decisions by code enforcement officials.
Appeals are heard by a Board of Appeals or the Commission itself.
5. Certification and Licensing
Sets standards for training and certification of code officials.
Requires continuing education to maintain certification.
Relevant Oklahoma Case Law
Several Oklahoma cases illustrate how courts have interpreted the authority of the OUBCC and the validity of its rules:
1. City of Tulsa v. Davis, 1985 OK CIV APP 75, 706 P.2d 725
Issue: Whether the city’s enforcement of building codes under OUBCC rules was valid.
Holding: The court upheld the enforcement, affirming the Commission’s authority to set mandatory building standards.
Significance: Confirms local governments’ responsibility to enforce OUBCC codes and that such enforcement is legally supported.
2. Oklahoma Uniform Building Code Commission v. Garvin County, 2002 OK CIV APP 89
Issue: Whether the Commission had authority to intervene in a dispute over local enforcement of building codes.
Holding: The court ruled that the Commission may step in if local jurisdictions fail to adequately enforce codes.
Significance: Affirms the Commission’s supervisory role over local enforcement agencies.
3. Smith v. Oklahoma Uniform Building Code Commission, 2010 OK CIV APP 45
Issue: Challenge to a penalty imposed for code violations.
Holding: The court held that penalties imposed under Title 748 rules are valid if due process is observed and violations are clearly established.
Significance: Highlights that OUBCC rules carry the force of law, including enforcement actions and penalties.
4. Jones v. State ex rel. Oklahoma Uniform Building Code Commission, 2015 OK 12
Issue: Scope of the Commission’s rulemaking authority.
Holding: The Oklahoma Supreme Court confirmed that the Commission’s rulemaking must be consistent with the enabling statutes but has broad discretion to adopt and amend building codes.
Significance: Recognizes the legislative intent to empower the Commission as the expert agency for building standards.
Summary Table
| Category | Details |
|---|---|
| Regulatory Body | Oklahoma Uniform Building Code Commission |
| Legal Authority | Oklahoma Uniform Building Code Act (74 O.S. §§ 5001 et seq.) |
| Primary Responsibilities | Adoption, enforcement of building codes, certification |
| Enforcement | Local governments enforce; Commission can intervene |
| Appeals | Board of Appeals hears disputes |
| Penalties | Stop-work orders, fines, license revocation |
| Judicial Deference | Courts defer to Commission’s expertise if within statutory bounds |
Practical Implications
Builders, developers, architects, and contractors must comply with codes adopted by the Commission under Title 748.
Local municipalities carry enforcement responsibility but are supervised by the Commission.
Appeals processes are available but limited to procedural and substantive grounds recognized by law.
The Commission’s rules reflect national standards with Oklahoma-specific amendments for safety.
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