Fall 2016 Building code compliance: managing the risks To many architects and engineers (A/E’s), the words Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC “building code” have a distinctly negative connotation. This is not entirely surprising— the words often come up in the context of an obscure requirement that no one understands. Or even worse, two obscure requirements that appear to contradict each other. Being able to design to the applicable building code is a non-negotiable In agreeing to comply with applicable codes, Rather than developing an entire building element of an A/E’s work. however, the A/E should be careful to code, states generally base their codes on a Even if a contract does not understand exactly what they are agreeing to. model code developed by a standards require compliance with In addition, if there are aspects of the design organization. For most of the 20th century, that the A/E is not familiar with, or the there were three commonly-used model applicable codes, courts will project is in a jurisdiction in which the A/E codes in the U.S.: the Uniform Building Code generally find that failure to does not typically work, the A/E might want (UBC), the Building Officials Code comply with the building to consider using a code consultant. Administrators National Building Code (BOCA/NBC) and the Standard Building Code code is negligence. Model codes (SBC). The UBC was primarily used in the Building codes and standards are the midwestern and western states, the BOCA/ rules and guidelines that specify the minimum NBC was used in the northeastern states and acceptable level of safety for buildings and the SBC was used in the South. The other structures. The primary objective of organizations that published these codes building codes and standards is to protect merged in 1994 to form the International public health, safety and general welfare as Code Council (ICC) and in 2000 discontinued they relate to the construction and occupancy publication of all three codes. In their place, of buildings and other structures. the ICC publishes the International Building Code (IBC) which, with only a few exceptions, has now replaced the prior model codes as the basis for all state and local building codes. 1 Fall 2016 The international code family A listing of which states and territories have adopted which codes can be found at: Although references to the “building code” http://www.iccsafe.org/wp-content/uploads/ usually refer to the IBC, the ICC currently stateadoptions.pdf publishes 15 “I-Codes.” They are as follows: (Despite the fact they are referred to as • International Building Code (IBC) “International” codes, they have not been • International Energy Conservation Code widely adopted by other countries.) A listing (IECC) of which codes have been adopted by local • International Existing Building Code (IEBC) (city or county) governments can be found at: • International Fire Code (IFC) http://www.iccsafe.org/Documents/ • International Fuel Gas Code (IFGC) jurisdictionadoptions.pdf • International Green Construction Code Although the IBC has now replaced its three (IGCC) legacy codes (the BOCA/NBC, which was • International Mechanical Code (IMC) published by the Building Officials Code • ICC Performance Code (IPC) Administrators International; the UBC, which was published by the International • International Plumbing Code (IPC) Conference of Building Officials; and the • International Private Sewage Disposal SBC, which was published by the Southern Code (IPSDC) Building Code Congress International), • International Property Maintenance Code there are still a number of model codes (IPMC) other than the I-Codes in use. • International Residential Code (IRC) All but three states have adopted the • International Swimming Pool and Spa National Electric Code (NEC) published by Code (ISPSC) the National Fire Protection Agency (NFPA) • International Wildland Urban Interface statewide as the basis for their electrical code Code (IWUIC) requirements. In these three states (Arizona, • International Zoning Code (IZC) Missouri and Mississippi), the NEC is typically adopted at the local level. Up until the 2006 As of October 2015, the International code cycle, the ICC also published the Building Code was in use or adopted in International Electrical Code (IEC), which all 50 states and the District of Columbia was referenced in section 2701 of the IBC. (D.C.). The International Residential Code However, the IEC was just an administrative was in use or adopted in 49 states provision that referenced the NEC. Since (all but Wisconsin) and D.C. The International 2009, section 2701 of the IBC has referenced Energy Conservation Code was in use the NEC (NFPA 70) directly. As of October or adopted in 48 states (all but California 2015, the current edition of the NEC is the and Indiana) and D.C. The International 2014 edition. However, several states are Mechanical Code was in use or adopted in using the 2011 edition and a few states 46 states (all but California, Hawaii, Maine are using the 2008 edition. and Vermont) and D.C. The International Fuel Gas Code was in use or adopted in 43 states The NFPA 1 Code is used in several states in and D.C. The International Fire Code was in lieu of the IFC. Although the codes are quite use or adopted in 42 states and D.C. The similar, NFPA 1 provides a more compre- International Plumbing Code was in use hensive approach to fire safety and includes or adopted in 35 states and D.C. a definitive breakdown of specific safety measures for operations and processes within The remaining codes have been adopted specific types of occupancies and for various in fewer states and are often only adopted building services. at the local level. The most recent code, the International Green Construction Code, was Other currently used model codes include first released in 2012 and as of October 2015 the Uniform Plumbing Code (UPC) and had been adopted at the local level in Uniform Mechanical Code (UMC), both Arizona, Colorado, Idaho, New Hampshire published by The International Association and Washington State, and statewide in of Plumbing and Mechanical Officials. Florida, Maryland, North Carolina, Oregon About a dozen states have either adopted and Rhode Island, as well as in D.C. The the UPC or developed their own plumbing I-Codes have also been adopted in Guam, codes based on the UPC. the Northern Marianas Islands, the U.S. Virgin Islands, Puerto Rico and Bermuda. 2 Fall 2016 State versus local codes adoption The IBC is updated on a three-year schedule; the most recent release is the 2012 edition. As a general rule, model codes are adopted Although a jurisdiction can choose to under one of three schemes: continue using an older version of a model • Codes are adopted at the state level, code, most jurisdictions update their codes with or without amendments. Local regularly to avoid having to deal with A/Es modifications and amendments are seeking variances based on what is allowed not allowed. by the newer edition of the model code. • Codes are adopted at the state level, Nevertheless, there is always a lag between with or without amendments, but the release of a new edition of a model local amendments and modifications code and when a jurisdiction adopts it. are allowed to some or all of the The adopting authority must review the codes. Usually, these amendments changes in the new edition, evaluate the and modifications can make the code effect on any amendments it has enacted requirements more stringent but not and ensure that its code inspectors are less stringent. aware of the changes. A model code does not become “ • Codes are adopted at the local the law in any jurisdiction (city or county) level. The ICC website (state, county or city) until About two-thirds of the states adopt their All of the I-Codes published between 2000 and 2012, including the recently-released it is adopted by a vote of the building codes at the state level. These states typically have an agency that is charged with International Green Building Code, can be designated adopting authority.” administering the building codes. The agency viewed online for free at www.iccsafe.org. To will promulgate a set of regulations to carry see all of the codes, search for “ICC free out this responsibility. Generally, the first resources” and select the International Codes regulation will be that the agency is adopting option. To see a particular code, search for a specific edition of a model code. The other that code, for example “ICC IBC 2009” and regulations will be changes to various select the link for publicecodes. sections or subsections of that code. The For the 2009 IBC, this would be: other one-third of the states adopts their http://publicecodes.cyberregs.com/ building codes at the local (city or county) icod/IC-P-2009-000019.htm. level. Generally, the codes are adopted While the codes can be viewed for free, a through a vote of the city council or county paid subscription is required to either print commissioners after a staff review. or save any code or section of a code. In the early 1900s, before model codes were The ICC website also contains information widely available, it was common for cities to about which codes have been adopted by develop their own codes. Many of these which states. There is a webpage for each codes were written by insurance companies state that shows the codes adopted by that who were motivated by reducing the risk of state; the webpage also contains contact fire to buildings they had insured. Over time, information and links for relevant state most cities have migrated to model codes and agencies.