DrJ Engineering Research Report Approval
In the Context of the
Ohio Building Code Approval Process and Ohio Law Incorporating Professional
Engineering and the use of Alternative Materials, Designs or Methods of
Construction.
General Ohio Law Regarding Professional Engineering of Plans, Drawings,
Specifications or Data that Comply with General Code Compliance Logic Path
Concepts
3791.04 Submission of plan - approvals - prohibition - fine.
(2) (a) The seal of an architect registered under Chapter 4703. of the Revised Code or an engineer registered under Chapter 4733. of
the Revised Code is required for any plans, drawings, specifications, or data submitted for approval, unless the plans, drawings,
specifications, or data are permitted to be prepared by persons other than registered architects pursuant to division (C) or (D) of
section 4703.18 of the Revised Code,
(C) Sections 4703.01 to 4703.19 of the Revised Code do not prevent persons other than architects from preparing plans, drawings,
specifications, or data, filing applications for building permits, or obtaining those permits for residential buildings, as defined by section
3781.06 of the Revised Code, or buildings erected as industrialized one-, two-, or three-family units or structures within the meaning of the
term "industrialized unit" as provided in section 3781.06 of the Revised Code.
(D) Sections 4703.01 to 4703.19 of the Revised Code do not prevent persons other than architects from preparing drawings or data, from
filing applications for building permits, or from obtaining those permits for the installation of replacement equipment or systems that are
similar in type or capacity to the equipment or systems being replaced, and for any improvement, alteration, repair, painting, decorating, or
other modification of any buildings or structures subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised Code where the
building official determines that no plans or specifications are required for approval.
or by persons other than registered engineers pursuant to division (C) or (D) of section 4733.18 of the Revised Code.
(C) Nothing in this chapter prevents persons other than engineers from preparing plans, drawings, specifications, or data, from filing
applications for building permits, or from obtaining those permits for residential buildings , as defined by section 3781.06 of the Revised
Code, or buildings that are erected as one-, two-, or three-family units or structures within the meaning of the term "industrialized unit" as
provided in section 3781.06 of the Revised Code.
The IBC defines:
 APPROVED SOURCE – “An independent person, firm or corporation, approved by the building official, who is competent and experienced in the application of engineering principles
to materials, methods or systems analyses.”
DrJ's building construction professionals meet the competency requirements as defined in the IBC and can seal their work. DrJ is regularly engaged in conducting and providing
engineering evaluations of single-element and full-scale building systems. This TER is developed from data complying with IBC Section 104.11.1 Research reports, which states,
“Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved
sources.”
6300 Enterprise Lane
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Madison WI 53719
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drjengineering.org
A Professional Engineering Firm and Approved Source as Defined by the Building Code
(D) Nothing in this chapter prevents persons other than engineers from preparing drawings or data, from filing applications for building
permits, or from obtaining those permits for the installation of replacement equipment or systems that are similar in type or capacity to the
equipment or systems being replaced, and for any improvement, alteration, repair, painting, decorating, or other modification of any
buildings or structures subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised Code where the building official determines that
no plans or specifications are required for approval.
(2) (b) No seal is required for any plans, drawings, specifications, or data submitted for approval for any residential buildings, as
defined in section 3781.06 of the Revised Code, or erected as industrialized one-, two-, or three-family units or structures within the
meaning of "industrialized unit" as defined in section 3781.06 of the Revised Code.
3781.06 Public buildings to be safe and sanitary - definitions.
(A) (1) Any building that may be used as a place of resort, assembly, education, entertainment, lodging, dwelling, trade, manufacture,
repair, storage, traffic, or occupancy by the public, any residential building, and all other buildings or parts and appurtenances of those
buildings erected within this state, shall be so constructed, erected, equipped, and maintained that they shall be safe and sanitary for their
intended use and occupancy.
(A) (2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the Revised Code shall be construed to limit the power of the manufactured
homes commission to adopt rules of uniform application governing manufactured home parks pursuant to section 4781.26 of the Revised
Code.
(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised Code do not apply to either of the following:
(B) (1) Buildings or structures that are incident to the use for agricultural purposes of the land on which the buildings or structures
are located, provided those buildings or structures are not used in the business of retail trade. For purposes of this division, a
building or structure is not considered used in the business of retail trade if fifty per cent or more of the gross income received
from sales of products in the building or structure by the owner or operator is from sales of products produced or raised in a
normal crop year on farms owned or operated by the seller.
(B) (2) Existing single-family, two-family, and three-family detached dwelling houses for which applications have been submitted
to the director of job and family services pursuant to section 5104.03 of the Revised Code for the purposes of operating type A
family day-care homes as defined in section 5104.01 of the Revised Code.
(C) (9) "Residential building" means a one-family, two-family, or three-family dwelling house, and any accessory structure incidental to that
dwelling house. "Residential building" includes a one-family, two-family, or three-family dwelling house that is used as a model to promote
the sale of a similar dwelling house. "Residential building" does not include an industrialized unit as defined by division (C) (3) of this
section, a manufactured home as defined by division (C)(4) of this section, or a mobile home as defined by division (O) of
section 4501.01 of the Revised Code.
(C) (10) "Nonresidential building" means any building that is not a residential building or a manufactured or mobile home.
(C) (11) "Accessory structure" means a structure that is attached to a residential building and serves the principal use of the residential
building. "Accessory structure" includes, but is not limited to, a garage, porch, or screened-in patio.
The Ohio (OH) seal on each DrJ Engineering (DrJ) prepared research report1 (known as a Technical
Evaluation Report (TER)) complies with section 3791.04 of the OH law, which requires any plans, drawings,
specifications, or data submitted for approval to be sealed, unless exempt (see 4733-23-01 Registrant's
seal). Given this law, DrJ places a seal on all its engineered research reports2 (TERs).
A code compliant research report or DrJ’s TERs are professional engineer prepared and sealed plans,
drawings, specifications and data developed through testing and technical design analysis3 using analytical
methods in accordance with established scientific and engineering principles.
Research Report is undefined in Ohio law today, so the term of art is found in IBC section 104.11.1 and 1703.4.2. Justification is that Ohio using the ICC model
codes as the basis for the Ohio Building Code and the Residential Code of Ohio.
2 IBC section 104.11.1 and 1703.4.2.
3 Defined in Ohio Law Chapter 4101:1-1 Administration, technical design analysis is defined as the development of integrated solutions using analytical methods in
accordance with established scientific and engineering principles.
1
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By affixing our seal to any document, DrJ provides accurate and complete, to the best of our current
knowledge, code compliance research, testing and analysis that results in a TER that can be used for both
non-exempt and exempt structural applications because DrJ stands behind the engineering work provided and
takes responsibility for it and backs this up with professional liability insurance.
In this way DrJ goes above and beyond Ohio legal requirements as DrJ seals all of its engineering documents
it produces in accordance with professional engineering law for exempt or non-exempt buildings. DrJ’s goal is
to take responsibility for our accepted engineering practice.
The Ohio Building Code (OBC) and the Residential Code of Ohio (RCO) say in section “101.3 Intent” with more
detail in section “101.3 (2)” that the “Extent of use” is defined as “permitting to the fullest extent feasible, the use of
materials and technical methods, devices, and improvements which tend to reduce the cost of construction without affecting minimum
requirements for the health, safety, and security of the occupants of buildings without preferential treatment of types or classes of
materials or products or methods of construction.
The rules of the board and proceedings shall be liberally construed in order to promote its purpose. When the building official finds that
the proposed design is a reasonable interpretation of the provisions of this code, it shall be approved….”
If the use of materials and technical methods, devices, and improvements is disapproved, the building office in
accordance with OBC section 104.2.2 and RCO section 104.2.2 shall effectively communicate the results of
their review and disapproval in a professional, courteous, impartial, responsive, and cooperative manner. This
work shall be performed without preferential treatment of types or classes of materials or products or methods
of construction or methods of code compliance evaluation.
General Code Compliance Logic Path Defined by the IRC and then Through
Alternative Materials and Design Procedures Found in the IBC.
The general building code concepts for residential construction flow from the following model code provisions.
The base building code used in OH is the 2009 model codes with state amendments.
The OH codes can be found here:
http://www.com.ohio.gov/documents/dic_bbst_entireOBCJuly2011.pdf and
http://www.com.ohio.gov/documents/dico_OhioBuildingCodeAmendmentsEffJuly12014.pdf and here:
http://www.com.ohio.gov/documents/dico_ResidentialCode10412.pdf.
The IRC is a prescriptive code and once you use a product that is not defined in the code you jump into the
engineered design provisions as follows (2009 version):
R104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not
intended to prevent the installation of any material or to prohibit any design or method of construction not specifically
prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of
construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the
intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this code. Compliance with the specific performance-based provisions of the International
Codes in lieu of specific requirements of this code shall also be permitted as an alternate.
The 2015 IRC adds this statement as the last sentence and the building official must follow this in general as
part of their enforcement and legal responsibilities:
Where the alternative material, design or method of construction is not approved, the building official shall respond in writing,
stating the reasons the alternative was not approved.
Since your alternative material is not specifically in the IRC, you then go to section R301 where it states the
following:
R301.1.3 Engineered design. When a building of otherwise conventional construction contains structural elements exceeding
the limits of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance with
accepted engineering practice. The extent of such design need only demonstrate compliance of nonconventional elements
with other applicable provisions and shall be compatible with the performance of the conventional framed system. Engineered
design in accordance with the International Building Code is permitted for all buildings and structures, and parts thereof,
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included in the scope of this code.
This jumps you to generally accepted engineering practice, which DrJ provides through our sealed engineering
approach as OH engineers. This then also includes the concept of a research report which is defined in the
IBC and used as a code compliance term of art in the OBC and RCO and is what our sealed Technical
Evaluation Report is.
104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to
prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code,
provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved
where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and
that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety. [2015] Where the alternative material, design or method of construction is
not approved, the building official shall respond in writing, stating the reasons the alternative was not approved.
104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not
specifically provided for in this code, shall consist of valid research reports from approved sources.
An Approved Source is defined in the IBC and is a code compliance term of art:
APPROVED SOURCE. An independent person, firm or corporation, approved by the building official, who is competent and
experienced in the application of engineering principles to materials, methods or systems analyses.
DrJ Engineering is OH engineering firm that employs OH engineers and DrJ seals truss design drawings in OH
every day following this code compliance logic path. If any building official has a problem with this logic path or
what DrJ is doing, DrJ needs to be in communication with that building official immediately.
The OBC and RCO have the following administrative regulations:
[OBC] 101.1 Title. Chapters 4101:1-1 to 4101:1-35 of the Administrative Code shall be designated as the “Ohio Building
Code” for which the designation “OBC” may be substituted. The “International Building Code 2009, first printing, Chapters 2 to
35,” as published by the “International Code Council, Inc.” is used as the basis of this document and is incorporated fully
except as modified herein.
[RCO] 101.1 Title. Chapters 4101:8-1 to 4101:8-25, 4101:8-29, 4101:8-34, and 4101:8-44 of the Administrative Code are
designated as the “Residential Code of Ohio for One-, Two-, and Three- Family Dwellings” for which the designation “RCO”
may be substituted. The 2009 edition of the “International Residential Code”, first printing, Chapters 2 though through 24, 29,
and 44 as published by the “International Code Council, Inc.” is used as the basis of this document as is incorporated fully
except as modified in italic herein…..
[OBC and RCO] 101.3 Intent …101.3 (2) Extent of use. Permit to the fullest extent feasible, the use of materials and
technical methods, devices, and improvements which tend to reduce the cost of construction without affecting minimum
requirements for the health, safety, and security of the occupants of buildings without preferential treatment of types or classes
of materials or products or methods of construction.
The rules of the board and proceedings shall be liberally construed in order to promote its purpose. When the building official
finds that the proposed design is a reasonable interpretation of the provisions of this code, it shall be approved…...
The following regulation includes all professional engineering and Federal Trade Commission
anticompetitive action laws that exist for both Ohio and the United States:
[OBC and RCO] 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of state
or federal law……
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[OBC] Section 104.2.2 Plans Examiners. A plans examiner is responsible for the examination of construction documents in
accordance with section 107, within the limits of their certification, to determine compliance with the rules of the board. All plan
examiners shall effectively communicate the results of their plan review as designated by the building official. A plans
examiner shall conduct themselves in a professional, courteous, impartial, responsive, and cooperative manner.
[RCO] Section 104.2.2 Residential plans examiners. A residential plans examiner is responsible for the examination of
construction documents in accordance with section 107, within the limits of their certification, to determine compliance with the
rules of the board and may perform duties outlined in this section and in section 104.2.3.1 below. All residential plan
examiners shall effectively communicate the results of their plan review to the owner or the owner’s representative and the
residential building official. A residential plans examiner shall conduct themselves in a professional, courteous, impartial,
responsive, and cooperative manner.
Specific Ohio Law Related to the General Code Compliance Logic Path Defined
by the Model Codes for Alternative Engineered Design
The general code compliance logic path defined by the IRC and then through the alternative materials and
design procedures found in the IBC model code as described above fits well with Ohio law in the following
manner:
[OBC] 106.1.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable
material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall
be coordinated and of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will
conform to the provisions of this code. Construction documents, adequate for the scope of the project, shall include information necessary
to determine compliance with the building, mechanical, plumbing, fire, electrical, energy, and fuel gas codes such as:
[RCO] 106.1.1 Professionally prepared construction documents. Construction documents which have been prepared by a registered
design professional who prepared the same as conforming to the requirements of the rules of the board pertaining to design loads,
stresses, strength, and stability, or other requirements involving technical analysis, need be examined only to the extent necessary to
determine conformity of such residential construction documents with other requirements of this code.
[RCO] 106.5 Alternative engineered design. The design, documentation, inspection, testing and approval of an alternative engineered
system shall comply with sections 106.5.1 to 106.5.3 of this rule.
In Ohio law, “technical analysis” or “technical design analysis” is defined this way:
technical design analysis is defined as the development of integrated solutions using analytical methods in accordance with established
scientific and engineering principles.
Ohio law then continues:
[OBC] Sections
106.2 Evidence of responsibility. Required construction documents, when submitted for review as required under section 107, shall bear
the identification of the person primarily responsible for their preparation.
106.2.1 Seal requirements. When it is required that documents be prepared by a registered design professional, the building official shall
be authorized to require the owner to engage and designate on the approval application a registered design professional who shall act as
the registered design professional in responsible charge. The registered design professional in responsible charge shall be responsible for
reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with
the design of the building.
Where structural observation is required by section 1709, the inspection program shall name the individual or firms who are to perform
structural observation and describe the stages of construction at which structural observation is to occur. See also duties specified in
section 1704.
Construction documents shall bear the seal of a registered design professional pursuant to section 3791.04 of the Revised Code.
106.5 Alternative engineered design. The design, documentation, inspection, testing and approval of an alternative engineered system
shall comply with sections 106.5.1 to 106.5.3 of this rule.
106.5.1 Design criteria. An alternative engineered design shall conform to the intent of the provisions of this code and shall provide an
equivalent level of quality, strength, effectiveness, fire resistance, durability and safety. Materials, equipment or components shall be
designed and installed in accordance with the manufacturer’s installation instructions.
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A Professional Engineering Firm and Approved Source as Defined by the Building Code
106.5.2 Submittal. The registered design professional shall indicate on the application that the system is an alternative engineered design.
The approval and permanent approval records shall indicate that an alternative engineered design was part of the approved installation.
Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a
registered design professional.
106.5.3 Technical data. The registered design professional shall submit sufficient technical data to substantiate the proposed alternative
engineered design and to prove that the performance meets the intent of this code.
Exception: Approval of alternative materials, products, assemblies and methods of construction in accordance with Section 114.3.2.
[RCO] Sections
106.2 Evidence of responsibility. Required construction documents, when submitted for review as required under section 107, shall bear
the identification of the person primarily responsible for their preparation.
106.5 Alternative engineered design. The design, documentation, inspection, testing and approval of an alternative engineered system
shall comply with sections 106.5.1 to 106.5.3 of this rule.
106.5.1 Design criteria. An alternative engineered design shall conform to the intent of the provisions of this code and shall provide an
equivalent level of quality, strength, effectiveness, fire resistance, durability and safety. Materials, equipment or components shall be
designed and installed in accordance with the manufacturer’s installation instructions.
106.5.3 Technical data.
The registered design professional shall submit sufficient technical data to substantiate the proposed alternative engineered design and to
prove that the performance meets the intent of this code.
A Summary of How a DrJ Technical Evaluation Report meets Ohio Law Related
to Alternative Engineered Design for Use of Alternative Materials and Designs in
Ohio
Any DrJ research report, also known as a TER assists the building official in assessing compliance with the
OBC and the RCO. This research report is a technical design analysis as defined in the OBC and RCO and
fully complies with the sealed engineering requirements that the revised Code says is required for any plans,
drawings, specifications, or data submitted for approval.
Further DrJ has undertaken its research report development by providing integrated solutions using analytical
methods in accordance with established scientific and engineering principles. This results in a research report
which has been prepared by an OH registered design professional who prepared the same as conforming to
the requirements of the rules of the board pertaining to design loads, stresses, strength, and stability, or other
requirements involving technical analysis.
In this way DrJ goes above and beyond Ohio legal requirements as DrJ seals all of its engineering documents
it produces in accordance with professional engineering law for exempt or non-exempt buildings. DrJ’s goal is
to take responsibility for our accepted engineering practice.
Ohio law states that building officials shall “permit to the fullest extent feasible, the use of materials and
technical methods, devices, and improvements which tend to reduce the cost of construction without affecting
minimum requirements for the health, safety, and security of the occupants of buildings without preferential
treatment of types or classes of materials or products or methods of construction.
The rules of the board and proceedings shall be liberally construed in order to promote its purpose. When the
building official finds that the proposed design is a reasonable interpretation of the provisions of this code, it
shall be approved.
If the use of materials and technical methods, devices, and improvements is disapproved, the building office in
accordance with OBC law shall effectively communicate the results of their review and disapproval in a
professional, courteous, impartial, responsive, and cooperative manner. This work shall be performed without
preferential treatment of types or classes of materials or products or methods of construction or methods of
code compliance evaluation.
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Product Evaluation Operations Concepts and Policies
1. DrJ’s mission is to:
1.1.
1.2.
Perform in-depth engineering product evaluations based on comparative benchmark testing that
defines and justifies design value and performance equivalency to the building code in terms of
quality, strength, effectiveness, fire resistance, durability and safety.
Work with the manufacturer to provide graphical, descriptive and easy-to-understand installation
procedures that assure code compliance and long-term performance.
2. DrJ’s position is that it is very important that its engineers fully understand the testing that defines a
product's performance, failure modes and factors of safety. Observation of testing programs is one of the
key ways DrJ engineers gain this knowledge.
3. DrJ engineers undertake rigorous engineering and analysis work to determine the subject of a report’s
compliance with structural framing, building envelope and building science codes and standards.
4. DrJ’s work:
4.1.
4.2.
4.3.
Complies with accepted engineering procedures, experience and good technical judgment.
Is the work of an “independent person, firm or corporation” that is competent and experienced in the
application of engineering principles to materials, methods or systems analyses.
Is performed inside of distinct professional engineering expertise and a well-defined scope of work.
5. DrJ’s professionalism demands that staff stand behind their engineering work by applying professional
engineering seals. This work, in concert with the quality control requirements of the manufacturer, ensures
that the product continues to meet the requirements of the code. DrJ's documents, intended for Designers,
Builders, Installers and Building Officials, include sealed:
5.1.
5.2.
5.3.
Design Information
Installation Instructions
Technical Evaluation Reports (TERs)
6. To preserve the integrity of the third party inspection process for its clients, DrJ only provides professional
engineering services and does not undertake any third-party inspection services.
6.1.
DrJ will recommend third-party inspection agencies that can provide services that match the quality
that DrJ’s customers have come to expect.
TERs Are Comparable to, Compatible with, and Equivalent to the Purpose of
an ICC-ES ESR, IAPMO UES ER, Intertek IRR, ATI CCRR, NTA Report, Etc.
1. Technical Evaluation Reports (TERs), drafted and maintained by DrJ Engineering, LLC ([DrJ] a
professional engineering firm with ISO/IEC 17065 compliant procedures in process through ANSI/ACLASS,
assess how specific products comply with the provisions of the building code, objective science and
accepted engineering practice.
2. DrJ is a code-defined “approved source", which is defined in the law as “an independent person, firm or
corporation, approved by the building official, who is competent and experienced in the application of
engineering principles to materials, methods or systems analyses.”
3. DrJ employs professional engineers and follows state professional engineering rules and regulations.
4. TERs are comparable to, compatible with, and equivalent to the purpose of an ICC Evaluation Service
(ICC-ES) Evaluation Reports (ESRs)4 as ICC-ES defines its approach and that of other evaluation reports
referenced here as well (i.e. ICC-ES ESR, IAPMO UES ER, Intertek IRR, ATI CCRR, NTA Report, etc.)
4.1. The ICC-ES Evaluation Report Purpose is defined in ICC-ES’s Rules of Procedure as follows:5
4
ICC Evaluation Service, LLC and the ICC-ES Evaluation Reports logo are registered trademarks of ICC-ES.
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1.0 PURPOSE
These rules set forth procedures governing ICC Evaluation Service, LLC (ICC-ES), issuance and maintenance of
evaluation reports on building materials and products, methods of construction, prefabricated building components, and
prefabricated buildings.
ICC-ES evaluation reports assist those enforcing model codes in determining whether a given subject complies with
those codes. An evaluation report is not to be construed as representing a judgment about aesthetics or any other
attributes not specifically addressed in the report, nor as an endorsement or recommendation for use of the subject of the
report. Approval for use is the prerogative and responsibility of the Code Official; ICC-ES does not intend to assume, nor
can ICC-ES assume, that prerogative and responsibility.
4.2.
ICC ESR Disclaimer:6
ICC-ES Evaluation Reports are not to be construed as representing aesthetics or any other attributes not specifically
addressed, nor are they to be construed as an endorsement of the subject of the report or a recommendation for its use.
There is no warranty by ICC Evaluation Service, LLC, express or implied, as to any finding or other matter in this report,
or as to any product covered by the report.
5. DrJ Sealed Engineering is Unique
DrJ engineers have undertaken the rigorous engineering and analysis work, using accepted
engineering procedures, experience and good technical judgment to determine the subject of the
TER’s compliance with the codes and standards referenced in Section 2 of each TER.
5.2. DrJ provides an engineer’s seal on its work, in conformance with its scope of engineering evaluation
pursuant to professional engineering law.
5.3. DrJ’s unique value is our professional engineering approach to product evaluation and also, through
this, providing professional liability insurance protection for our customers.
5.4. Please review our Product Evaluation Operations Concepts and Policies for more details.
6. To eliminate even the perception of a conflict of interest and preserve the integrity of the third party
inspection process for its clients, DrJ only provides professional engineering services and does not
undertake any third-party inspection services.
7. Innovation and alternative product approval is not the sole domain of any specific group, which could easily
restrain product and market development. Unfettered competition and accepted professional engineering
practice serves the best interests of the general public.
5.1.
Legal Aspects of Product Approval
1. Product Approval
1.1.
In general, the model and local codes (e.g., IRC, IBC and IFC Section 104.11) provide for the use of
alternative materials, designs and methods of construction by having a legal provision that states
something similar to:
104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are
not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically
prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method
of construction shall be approved where the building official finds that the proposed design is satisfactory and complies
with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in this code. … Where the alternative material, design or method of construction is
not approved, the building official shall respond in writing, stating the reasons the alternative was not approved.7
2. Value of a Competitive Marketplace
2.1. DrJ’s goal is to help all companies and all products fully embrace the uniquely American concept of
preserving “free and unfettered competition as the rule of trade,” which is also U.S. law.
Congress passed the first antitrust law, the Sherman Act, in 1890 as a "comprehensive charter of economic liberty aimed
at preserving free and unfettered competition as the rule of trade." In 1914, Congress passed two additional antitrust
laws: the Federal Trade Commission Act, which created the FTC, and the Clayton Act. With some revisions, these are
See the “ICC-ES Rules of Procedure” at www.icc-es.org/pdf/rules_evalrpts.pdf.
Page 1 footer of each ICC-ES report that can be found at www.icc-es.org/reports/index.cfm.
7 The last sentence is adopted language in the 2015 codes.
5
6
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the three core federal antitrust laws still in effect today.
… Yet for over 100 years, the antitrust laws have had the same basic objective: to protect the process of competition for
the benefit of consumers, making sure there are strong incentives for businesses to operate efficiently, keep prices
down, and keep quality up. …
The penalties for violating the Sherman Act can be severe. Although most enforcement actions are civil, the Sherman
Act is also a criminal law, and individuals and businesses that violate it may be prosecuted by the Department of
Justice.8
3. Legal Validity of this TER
3.1.
This TER is a code-defined (e.g., IRC, IBC and IFC Section 104.11.1 and IBC Section 1703.4.2)
“research report” that provides supporting data to assist in the approval of materials, designs or
assemblies not specifically provided for in this code.
1703.4.2 Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code,
shall consist of valid research reports from approved sources9.
[A] 104.11.1 Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in
this code, shall consist of valid research reports from approved sources.
3.2.
Therefore, this research report is prepared by a professional engineering company that
complies with the code definition of “approved source” and all related professional
engineering roles and responsibilities.
http://www.ftc.gov/bc/antitrust/antitrust_laws.shtm
2012 IBC Section 104.11.1 , where the IBC defines APPROVED SOURCE as “An independent person, firm or corporation, approved by the building official, who is
competent and experienced in the application of engineering principles to materials, methods or systems analyses, which is a registered design professional.
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DrJ Engineering Research Report Approval Concepts
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