日米加の建築法規の比較研究 : 技術革新に対する建築法規の対応

抄録

The building codes in USA and Canada are not administrative law by themselves. They don't have any legal authority, unless they are adopted and enforced by local governments. In USA, building codes have been prepared by nonprofit private organizations, and in Canada, building code has been set up by Canadian government (BRCC). If the contents of those building codes are not up to date ones, local governments don't want to enforce them. Therefore those organizations which set up building codes are oblized to revise their building codes as up to date ones, through adopting current inovative building technology. Japanes building code has been initially set up as an enforced administrative law, and enforced by the Minister of Construction (central government). The laws must enforced without errores. Local governments must work as the parts of the organizations of central government. Central government doesn't give any free dicision to interpretate building code to local governments, lest the confusion of interpretation should occur. If some building accidents will be occured, people are doubt whether building code has any errors or government officials made mistakes. Therefore not only government officials but also building admnistration themselves don't want to permit to imprement inovative building technologies if they are not mentioned in the building code. The only exception to implement inovative building technologies is use saving clauses such as Article 38 Japanese Building Code.