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Prescriptive Codes, Performance Based Codes and the Construction Standard of Care after 11 September 2001

Professional Standard of Care  The common law standard of care for performance of design professional (DP) services is generally defined as the ordinary and reasonable care usually exercised by one in that profession, on the same type of project, at the same time and in the same place, under similar circumstances and conditions. Perfect performance is not required by the common law.  Quoted statement from J. Kent Holland, President of the consulting firm, ConstructionRisk, LLC (https://www.constructionrisk.com).

Prescriptive Codes and Performance Based Codes  Prescriptive Codes provide specific design, construction and maintenance requirements for building, energy conservation, fire prevention, mechanical, electrical, HVAC, plumbing, etc.  Performance Based Codes are those codes which focus on the intent (outcome) and allow the designer, building product manufacturer or contractor to employ the best design, assembly or method to achieve that intent. 

  • Examples of Prescriptive Codes are local building and fire codes and the model codes on which they are based (which do NOT have the force of law until adopted at the local level).
  • Examples of Performance Based Codes, also known as Outcome Based Codes, are those designs which meet fire safety issues that are not included in Prescriptive Codes.  Performance Based Building Code are a format used by many governments worldwide (eg. the United Kingdom, Australia, Japan, Netherlands, Sweden, and New Zealand).  There is little or no specific language which specifies materials or systems except that the desired outcome must be achieved.  Construction based on Performance Based Codes must deliver the same or similar minimum performance in the built environment as if Prescriptive Codes were followed.
  • Article by Vylenis Babrauskas, Fire Science and Technology, 2015:  Performance Based Building Codes – What Will Happen to the Levels of Safety.

Fire Engineering in High Rise Buildings, a presentation by Neal Butterworth, Arup UK, November 2015.

  • This article summarizes the strategies used to enhance Life Safety and Fire Safety in high-rise buildings.
  • The Passive and Active components and systems used to increase the safety of occupants in high-rise buildings and to decrease the risk of building failure that would endanger the occupants.