No, the GC is wrong. This violates IRC R302.2 (2021/2024) and IBC 708.3 for townhouse separation walls.
Three fatal defects:
- Wrong Material: "Regular" 5/8" board is not Type X. Fire-rated assemblies require 5/8" Type X gypsum board (ASTM C1396) on each side. Standard board fails at ~30 mins; Type X holds 1 hour.
- Missing Continuity: The wall must extend continuous to the underside of the roof sheathing (IRC R302.2.1). Stopping at the 2nd-floor ceiling leaves the attic as an open chimney for fire spread between units.
- Untaped Joints: Fire-rated assemblies require taped joints and fastener heads (GA-600, ASTM C840). Untaped joints allow flame/gas passage, negating the rating.
Required Fix:
- Demo existing board.
- Install 5/8" Type X full height to roof deck.
- Tape/finish all joints and screws per Level 2 finish minimum.
- Verify attic draftstopping (IRC R302.12) is installed at the party wall line if the attic is shared/concealed.
Do not cover this. The building official will fail the insulation/fire-blocking inspection. If the GC refuses, document with photos and notify the owner/architect immediately—this is a life-safety liability.