I'll argue with the builder that I'm still in my 1 year warranty through them for HVAC and they didn't follow code. Worth a shot. They also didnt give my programmable thermostats, and I read that is code too for new builds.
Add-ons, such as these controls you're talking about, are not covered by any mfg's warranty unless they're actually installed. And if it is code to be done, then why wasn't it done and why didn't the city enforce it? The code book you referenced looks like it's some kind of international code book which means its codes are more than likely recommendations.