FYI - Adopting a Model Code

 

Background

 

In the United States, there is no nationally enforced set of building regulations.  Protecting the public by means of building and fire codes is considered a police power that under the U.S. Constitution is vested in state or local government.  Some states have chosen to enforce codes on a statewide basis while others have left it to the individual cities or counties.

 

Due to the complexity of modern building technologies, very few cities and states maintain their own unique building regulations.  Instead, most adopt one or more model codes.  These model codes are developed by independent organizations, and allow the pooling of resources to produce codes that remain current and technically sound.

 

During the 20th century, three regional groups of code officials evolved to produce model codes.  The International Conference of Building Officials (ICBO) produced the Uniform Codes, the Building Administrators and Code Officials (BOCA) produced the Basic Codes, later renamed the National Codes, and the Southern Building Code Congress (SBCC) produced the Standard Codes.  The National Fire Protection Association (NFPA) was also involved in producing model codes, although not a building code.

 

Today, the three groups of code officials have formed a single organization known as the International Code Council (ICC) that produces a series of model codes:

 

            International Building Code

International Fire Code

International Plumbing Code

International Mechanical Code

International Residential Code for One and Two-Family Dwellings

International Fuel Gas Code

ICC Electrical Code (NFPA 70)

 

The NFPA, in cooperation with the Western Fire Chiefs and the International Association of Plumbing and Mechanical Officials (IAPMO) has likewise committed to producing a complete package of codes for the built environment:

 

            NFPA 5000 Building Code (available 2002)

            NFPA 1 Fire Prevention Code

            NFPA 101 Life Safety Code

            NFPA 54 Fuel Gas Code

            IAPMO Plumbing Code

            IAPMO Mechanical Code

            NFPA 70 Electrical Code

 

While it is not the purpose of this document to discuss the relative virtues of the two sets of model codes, there are certain considerations that should be made when any government entity is considering the adoption of model codes.

 

 

Why Adopt a New Model Code?

 

Because code adoption is a regulatory process, a specific edition of a model code must be adopted.  Any attempt to legally adopt "the current edition" of a code is viewed as an inappropriate delegation of authority by the legislative body.

 

The model code organizations are constantly working to update their codes to incorporate latest research results and building technologies.  As a result, newer codes are generally better and safer.

 

If codes are not updated on a regular basis, inefficiencies start to develop in the building regulatory system.  Design professionals and contractors will increasingly seek variances to permit the use of design alternates and technologies accepted in areas using more modern codes.  Regulatory officials will be hard-pressed to keep up with the changes in design practice.

 

For all of the above reasons it is generally recommended that the latest editions of codes be adopted as they are issued by the sponsoring organizations.  At a minimum codes should be updated every three to five years.

 

 

Should the Code be Minimum or Mini-Max?

 

Minimum.  Traditionally, most code adoptions have been made on the basis of a minimum set of building regulations, particularly when adopted on a statewide basis.  This allows communities the option of passing local regulations for more stringent requirements as justified by local conditions.  Such local conditions may include a consideration of fire department response due to rural travel distances or high traffic congestion. 

 

When codes are adopted as minimum/maximum regulations, no such local modifications are permitted.  While some design professionals might prefer the absence of local variations, public safety is best served by the ability to accommodate local conditions.

 

 

Do New Codes Support the Sprinkler Concept?

 

Yes.  A common denominator of new building and fire codes is an increasing reliance on the proven ability of automatic fire sprinkler systems to protect lives and property.  Modern building codes require automatic sprinkler systems in a wide range of residential, health care, public assembly, educational, storage and other occupancies.  Perhaps even more important, the codes offer design incentives to use automatic sprinkler systems.  These trade-offs, or "trade-ups": as they are sometimes called, often allow a building to be constructed for less cost with sprinkler protection than without.  With sprinklers, the codes permit more design freedom through such features as a reduction in building compartmentation, a wider selection of building materials, and an increase in allowable exit travel distances.

 

 

What about Sprinkler Retrofit?

 

Many existing buildings do not meet the requirements of modern building codes.  This is especially true of high-rise buildings constructed prior to the 1990s.  Although almost all building codes now require new high-rise buildings to be protected with automatic sprinkler systems, some cities contain many existing high-rise buildings that are not protected.

 

A growing number of cities have enacted special ordinances to require retrofit of high-rise or other key occupancies.  In some cases, the adoption of a model fire code brings with it a requirement for sprinkler system retrofit.  The NFPA 1 Fire Prevention Code, for example, contains a section that requires sprinkler retrofit of all high-rise buildings within 12 years of the code adoption.

 

 

What's the First Step?

 

Like many other organizations in the construction industry, the National Fire Sprinkler Association is committed to the adoption of modern model codes, and will work with you to assist in their proper adoption and enforcement.  The NFSA maintains a National Director of Codes and a staff of Regional Managers who can provide information, assistance and even model legislation if needed to facilitate the code adoption process.  For the name of the Regional Manager serving your area, contact the NFSA at 845-878-4200 or visit our website at www.nfsa.org