Writing Better Building Codes: Means and Need for Heightened Scrutiny at All Levels
Executive Summary
Concerns over the promulgation of the 2021 International Energy Conservation Code and the 2020 National Electrical Code have highlighted the need to reexamine how model building codes are developed. This comes as housing reform advocates are increasingly turning to building codes as the next frontier for the reforms in markets where land use is being addressed.
More broadly, concerns have grown about the frequency of code adoption, the proposal process, the role of special interest groups, and the use of building codes as a tool for political means.
A recent study in Minnesota has shown what is possible when a more thorough examination of building code performance is undertaken: Long-held assumptions don’t match the data. The process used to review and adopt building codes at both the model code and local adoption levels is no longer sufficient; heightened scrutiny is warranted.
A baseline for safety, durability, and affordability in modern homes is needed. Code adoption timelines should be adjusted to allow for more study of the need and effectiveness of proposals.
At the local adoption level, jurisdictions should implement a more rigorous review of all model code changes and undertake a uniform review of all codes to ensure proper interplay of all code changes. At both levels, the cumulative costs must be evaluated and the impact on prospective buyers needs to be acknowledged.
BETTER BUILDING CODES FRAMEWORK
PROPOSED MODEL CODE FRAMEWORK
Create a Baseline for Safety, Affordability, and Durability
Shift to Six-Year+ Model Codes
Heightened Scrutiny of Proposed Changes
Prune Unadopted Provisions
PROPOSED LOCAL ADOPTION FRAMEWORK
Adopt Heightened Scrutiny of All Code Changes
Limit Local Adoption to No Less Than Six Years
Adopt Affordability Guardrails
Single Code Adoption With Interplay Review
PROPOSED ENERGY CODE FRAMEWORK
Emphasis on Performance over Perceptive Approach
Reasonable Payback Period Established
Acknowledgement That Energy Codes Do Not Increase Purchasing Power
Land use reform should be a clear warning to regulators and model code organizations. Even as the housing shortage deepens, resistance to zoning changes continues, and that resistance is beginning to reshape a century of planning and land use practice in the United States.
If that pattern holds, as the next phase of reforms moves to include building codes, affordability-centric reforms will move forward without the voices that chose not to engage.
