Cleveland FIP 136 Chapter 01

Chapter One

Code Administration

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Learning Objectives

• Describe model code process

• Identify major model code groups

• Describe origin of first National Building Code

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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

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Code

• Systematically arranged body of rules

• What to do or what not to do

• United States Code – Federal laws

• Code of _____ – State laws

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Code

• Code of the County of ___– County ordinances

• Technical codes– Building, fire, mechanical or plumbing

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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

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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

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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

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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

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SBCCI

• Southern Building Code Congress International– 1940

• Published first “Standard Building Code”– 1945

• Later published the Standard Fire, Mechanical, and Plumbing Codes

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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

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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

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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

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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.”

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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

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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

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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)

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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

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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

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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

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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