(This is my ongoing series presenting pieces that I am formulating into my own constitution for any future country [including LL]. The wording is not set and is open to changes/additions/subtractions. Posting about it is just to stimulate debate, as should any good creator of a constitution.) [My thanks go to Martin for helping with this idea]
"No Building Codes
No building codes, or pre-scripted way of making a building can be legally mandated by govt. The only govt requirement for a building is a permanent sign that is easily readable within 10 feet of the main entrance. The sign must be at least 17 inches wide and 11 inches high (size of 2 pieces of paper) and include what the builder did to prevent deadly: 1. Poisoning from smoke inhalation, 2. Fire spread, 3. Falls (infant, child and adult), 4. Poisoning from carbon monoxide, 5. Electrocution, and 6. Building collapse. At least 50% of the explanation in each category should be in plain wording that the average 12-year-old can understand. The sign can be made of any material and is considered present unless the sign becomes unreadable.
The punishment for not having the sign (or having an unreadable sign) is a fine that is 50% larger than it would cost to have a simple long-lasting metal sign made.
No building code also means that the govt cannot inspect any building in the context of evaluation of the building, or to look for a building sign (any evidence of lack of sign will be citizen gathered). Govt cannot dictate what is a liveable structure. Govt cannot dictate what is habitable or not habitable. There can be no govt dictated minimum or maximum size for a structure.
The property that a self-built building is on must remain owned by the builder for ten years after building (except in case of death). This makes the self-builder retain the building for the accepted period of builder liability (often max of 10 years worldwide), and it also helps to distinguish between self-builders and commercial builders.
A commercial builder (head of company) must be a citizen of LL and the company must be registered in LL. Commercial builders in LL must retain capital in a bond (equivalent to 20% of the buildings they are planning to build) within legal boundaries of LL for ten years after the completion of the building. As long as no claims are made against the builder for the period of the bond, the builder, in years 0-5 will receive the interest the bond amount makes, and then in years 5-10 will receive graduated amounts of the principle of the bond.
Any building used as a rental must have and maintain insurance on the building through an independent 3rd party insurance company. This requirement is to prevent owner-financed apartment buildings being built for the cheapest possible price without any standards except that of material gain by the owner, which is historically a bad situation. Proof of insurance for rental buildings shall be publicly posted by the building owner to the govt website, with a page designed for that purpose. The punishment for not having insurance on a rental building will be a fine that is repeatable."
Just like people that are pro-building-codes, the anti-building-codes people like myself still want most citizens to be building structures they deeply care about; structures that perform great and look amazing. I also want poor people to have the freedom to build whatever shelter they can best afford even if it’s a cardboard box or a camping tent. I think the main enemy we all have is unscrupulous “fly-by-night” builders that build crappy structures for maximum profit at the expense of either unknowing buyers or renters with no other choice. So the thought process was to give the caring self-builder maximum freedom, while providing enough hurdles for the commercial builders that only those deeply invested in the country will pursue commercial building.
Many people probably think that a builder is always responsible for a building, but in reality, in most of the world, the statute of limitations in which the builder can be held liable for things is generally around 2-10 years. So to me, that meant to make sure that commercial builders retained financial responsibility for that full amount of time and have some of their capital tied up in the project. This tied up capital helps to ensure that only “long-haul” trustworthy companies enter the building profession in LL.
The sign talked about above will include those 6 points because it looks like they are the highest causes of preventable death in a building (in US): smoke inhalation and fire (~2700/yr), falls (~800/yr), carbon monoxide (~400/yr), electrocution (~200/yr), and building collapse (~4/yr).
If a person reads the sign before entering the building, and the sign says “no action taken” in each of the 6 categories (which will be legal to do), the person can choose to not enter the building. If the sign says: 1. Smoke alarms, 2. Fire sprinklers, 3. Max 4 inch gaps on all railings, 4. CO alarms, 5. Electrical work done by a pro, 6. 15 years build experience; then with all this you can feel pretty confident about the safety aims of the builder of the structure. The sign requirement is an extension of the anti-secrecy thinking I have been pursuing recently in that it gives a disclosure about the building to any person entering it.
I am assuming most commercial buildings will want ongoing insurance on their building and it is highly likely that the insurance company will demand that the building was built to specific building standards to be insured. Private residences will probably be in the same situation if they want insurance on their residence. So this new zero-building-code standard may mostly affect the self-builder who will now get the build freedom they deserve.
The “Signs, Billboards, and Media” program will reinforce the knowledge of good building practices for the general public with posted statistics, such as the dramatically lower occurrence of fatalities in buildings with fire sprinklers. Obviously, the building codes protecting from building collapse is not a good argument in the face of the death statistics that show it as a miniscule safety need compared to fire smoke.
https://injuryfacts.nsc.org/home-and-community/deaths-in-the-home/introduction/
https://injuryfacts.nsc.org/home-and-community/safety-topics/fire-related-fatalities-and-injuries/