Building Code & Ordinance Law
The adjuster approved your roof, but the city inspector just shut down the job. You need $5,000 of new plywood decking to meet code. Here is how to force your insurance to pay for it.
The Decking Defense Index
A homeowner’s worst nightmare occurs on day one of a roof replacement. The crew tears off the old shingles, stops working, and the foreman knocks on your door. “Your decking isn’t up to code. We have to re-deck the whole house. It’s going to be an extra $5,000.”
1. The “Spaced Decking” Surprise
If your home was built before the 1980s, your roof was likely built with “spaced decking” (also called skip sheathing or plank decking). These are wooden boards (like 1x6s) laid across the rafters with visible gaps between them.
Historically, this was perfectly fine for wood shake roofs. But today, if you are installing modern architectural asphalt shingles, those gaps are a massive liability. If a roofer drives a nail into the gap instead of the wood, the shingle will blow off in the next storm.
2. What is Ordinance or Law Coverage?
Standard homeowner’s insurance is designed to replace “like kind and quality.” If you had spaced planks, the policy technically only owes you for spaced planks. But the city inspector will not allow spaced planks.
Ordinance or Law (O&L) Coverage is a specific endorsement on your policy that pays the additional cost to bring the home up to current building codes during a covered loss. If you have this coverage (usually equal to 10% or 20% of your total dwelling coverage), the insurance company is legally required to buy you the new solid OSB/plywood decking.
The Adjuster’s “Not Damaged” Excuse
Even if you have O&L coverage, the desk adjuster will try to deny the supplement. They will say: “The spaced planks were not physically damaged by the hail, therefore we do not owe to replace them.” This is a bad-faith denial tactic. You must force them to recognize that the building code, not the physical damage, is triggering the coverage.
3. The IBC & Manufacturer Spec Loophole
To defeat the adjuster’s excuse, you must use the law against them. Almost all municipalities enforce the International Building Code (IBC) or the International Residential Code (IRC).
The code states that all roofing materials must be installed “in accordance with the manufacturer’s installation instructions.”
Every major shingle manufacturer (GAF, Owens Corning, CertainTeed) explicitly states in their documentation that shingles must be installed on a “solidly sheathed deck.” Because the manufacturer requires it, the city code enforces it. Because the city code enforces it, your Ordinance or Law coverage must pay for it.
4. The “Code Enforcement” Script
When the adjuster refuses to pay the $5,000 supplement for the decking, have your contractor halt work, take photos of the spaced planks, and email the adjuster this exact script.
“Upon tear-off, we have documented non-compliant spaced plank decking. The local municipality enforces the IRC, which dictates under Section R905.1 that roof coverings must be applied in accordance with the manufacturer’s installation instructions.
The manufacturer (e.g., GAF) explicitly requires a solidly sheathed deck. Proceeding with installation over spaced decking violates building code and voids the manufacturer warranty. As the policyholder carries Ordinance or Law coverage, we are submitting this supplement for the required OSB overlay to achieve code compliance.”