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Chapter One
Code Administration
2
Learning Objectives
• Describe model code process
• Identify major model code groups
• Describe origin of first National Building Code
3
Learning Objectives
• Describe the code adoption process used by state and local governments– Explain the basis for their authority
• Describe economic forces behind current movement toward a single national model code
4
Code
• Systematically arranged body of rules
• What to do or what not to do
• United States Code – Federal laws
• Code of _____ – State laws
5
Code
• Code of the County of ___– County ordinances
• Technical codes– Building, fire, mechanical or plumbing
6
Model Code
• Developed through consensus process
• Technical committees
• Developed by an organization
• Available for adoption by government
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National Building Code
• National Board of Fire Underwriters (NBFU)– 1905 – Available free to local governments – Reduce fire loss and benefit stock
insurance industry– Good for industry and country
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National Building Code
• NBFU – Became American Insurance Association– Published through fourteen editions– Over 75 years– Discontinued in 1971
9
National Board of Fire Underwriters
• Organized following the Great Portland Maine fire July 4, 1866
• To develop and enforce uniform rates and commissions
• American Insurance Association or AIA
• Insurance Services Organization or ISO
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Model Code Organizations
• ICC – International Code Council
• NFPA– National Fire Protection Association
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Legacy Code Organizations
• BOCA– Building Officials and Code Administrators
International
• ICBO – International Conference of Building
Officials
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Legacy Code Organizations
• SBCCI – Southern Building Code Congress
International
13
BOCA
• Building Officials and Code Administrators International
• Building officials in nine northeastern states and Canada– 1915
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BOCA
• Published first “Basic Building Code”– 1950
• Later published the National Fire, Mechanical, and Plumbing Codes
15
ICBO
• International Conference of Building Officials– 1921 as the Pacific Building Officials
Conference
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ICBO
• Published first “Uniform Building Code”– 1927– Later published Uniform Fire, Mechanical,
and Plumbing Codes
17
SBCCI
• Southern Building Code Congress International– 1940
• Published first “Standard Building Code”– 1945
• Later published the Standard Fire, Mechanical, and Plumbing Codes
18
NFPA
• National Fire Protection Association– 1896 by Boston area stock insurance
companies– Nine different sprinkler standards in use by
insurance company engineers – Mission was to develop a single standard
acceptable to all
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NFPA
• 1904 – NFPA’s membership included 38 stock
insurance boards – 417 individuals, most were insurance
company engineers
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NFPA
• First fire department member – Battalion Chief W.T. Beggin, FDNY– Joined in 1905
• H.D. Davis – State Fire Marshal of Ohio– Joined in 1911
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NFPA
• National Board of Fire Underwriters– Paid to publish NFPA’s standards
• National Electric Code was transferred from the NBFU to NFPA in 1911
• NFPA maintains over 300 codes, standards, and recommended practices
22
International Code Council
• 1994 – Consolidated BOCA, ICBO and SBCCI
• Facilitated development of a single set of model codes for the U.S.
• All agreed to discontinue publishing their own codes after 1999
• Cooperatively publish the “I” codes
23
International Code Council
• Members of the three organizations merged in 2002
• NFPA participated in original discussions to develop “I” codes
• NFPA withdrew from the ICC
• NFPA developed complete set of codes
24
National Fire Protection Association
• NFPA 5000, Building Code– Publish Uniform Plumbing Code with
International Association of Plumbing and Mechanical Officials
• Publish Uniform Fire Code with International Fire Code Institute
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ICC Code Change Process
• Code changes submitted by any interested party
• Technical committees hear testimony at code hearings
• Changes approved as submitted or modified, or denied by floor amendment
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ICC Code Change Process
• General membership can approve or challenge committee action
• Approved changes in annual supplement
• Printed with next printing of code– Reprinted every three years
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NFPA Member Categories
• Insurance• Special expert• Consumer• Applied research
• Manufacturer• User• Installer/maintainer• Labor• Enforcing authority
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Code Enforcement Authority
• Originates in the Tenth Amendment
• “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
29
Police Power
• Fundamental power of the state– Restraints upon personal freedom and
property rights of individuals for the protection of public health, safety, and welfare
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Police Power
• Possessed by the states prior to the Constitution
• Reserved to the states by Tenth Amendment
31
John Forrest Dillon
• Chief Justice Iowa Supreme Court late 1800s– His opinion in a court case between state
and local government became “Dillon’s Rule”
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John Forrest Dillon
• Adopted by most states
• Gradually relaxed in most states
• Applicable to most states in varying degrees– VA, KY, and TN still strict Dillon Rule
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The Basis for Dillon’s Rule
• Tenth amendment mentions only two levels of government
• Federal and state
• Not local– Local government is creation of states– Only has powers state government confers
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The Dillon Rule
• Local governments are instruments of the states– Power expressly conferred with state
constitutions, home rule charters, state statutes
– Those not expressly granted do not exist
35
Code Adoption
• Adoption by reference
• Governing body adopts an ordinance – Refers to a specific edition of a model code– Adopt by reference free of charge
• Users must buy the model code(s)
36
Code Adoption
• Adoption by transcription
• Entire code must be republished by jurisdiction
• Royalty license fee must be paid to model code organization
• Some states cannot adopt by reference
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Code Types
• State minimum codes with option for local amendment
• State mini/maxi codes with no local amendments permitted
• Local codes
38
Summary
• Model code process in U.S.– Less than 100 years old
• Major model code groups– BOCA, IBCO, and SBCCI established
ICC
• BOCA, ICBO, and SBCCI consolidated
• NFPA also developed a full set of codes
39
Summary
• ICC and NFPA – Both develop model codes
• NFPA – Develops standards and recommended
practices
• Both – Consensus process with unpaid technical
committees and voting by membership
40
Summary
• Model codes – Adopted at state or local level
• Federal agencies– “Adopt” model codes as regulations
• National Technology Transfer Act– Mandated federal government to use
national codes and standards