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last updated on April 3, 2006

BUILDING CODES

THE ISSUE IS. Standardized building codes -- and adequate enforcement of those codes -- play an increasingly important role in public safety and loss prevention, even in states that do not have a major catastrophe exposure.

IT'S IMPORTANT BECAUSE. In addition to saving lives and reducing property loss, statewide building codes based on nationally recognized standards can reduce the need for public disaster aid; promote a level and consistent playing field for design professionals, suppliers and builders; create a minimum standard upon which consumers can rely; contribute to the durability of structures; and, in some locations, favorably affect the affordability and availability of insurance. In fact, the Louisiana State University Hurricane Center has estimated that of the $10 billion in damage to homes in Louisiana, modern building codes would have spared 80 percent of the damage.

However, state standards for construction, code-related inspection and enforcement vary widely across the country. Some states have adopted statewide building codes applicable to virtually every type of structure; while others employ lesser degrees of regulation and code applicability -- or none at all. Where statewide codes exist, it is not uncommon to allow individual jurisdictions to deviate from the state standard, occasionally resulting in a weakening of the model minimum standard.

While NAMIC strongly supports more stringent building codes, we recognize that enacting these laws at the state level has been very difficult. Therefore, there is a critical need to develop federal incentives to encourage states to adopt statewide building codes. One such way to do this is by increasing the amount of post disaster mitigation a state can receive following a natural disaster based on whether or not that state has adopted stronger state wide building codes.

FEMA currently provides federal assistance for mitigation efforts by the states under the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The amount of funding available is limited to 7.5 percent of the total disaster grant awarded the state by FEMA as long as the state has a standard mitigation plan. However, if a state has an enhanced mitigation plan it is currently eligible for 20 percent in post disaster mitigation. NAMIC supports either adding state wide building codes as part of the enhanced mitigation criteria, or creating a separate financial incentive for those states that have adopted strict state wide building codes. Either one of these approaches would provide a new incentive for states to adopt a statewide building code. For those states that commonly experience natural disasters, this financial incentive should be very desirable.

NAMIC along with other members of the Building Code Coalition (BCC), have been very active meeting with Members and staff on the BBC's legislative proposal to provide federal incentives for states to pass state wide building codes. Following the recent hurricanes, Congress has been looking into possible solutions on how to prevent further loss in future events. NAMIC has used this opportunity to advance its legislative proposal. We were successful in persuading Rep. Connie Mack (R-FL) to submit testimony supporting our proposal.

In addition, Congresswoman Jean Schmidt (R-OH) who introduced H Con Res. 285, which expressed the sense of the Congress that the States of Louisiana, Mississippi, and Alabama should adopt comprehensive, modern, and uniform statewide building codes, has also expressed interest in championing our proposal. Beginning this year the coalition plans to have a stand alone bill introduced, in the hopes that it will be rolled into Chairman Shuster's larger reform package should one pass Congress this year. We are currently working with Rep. Mack's office to have a bill introduced shortly.

NAMIC POSITION. Following the devastation from the storms of 2005, it is now clearer then ever, that states need to pass strong state wide building codes. While NAMIC continues to work on this issue at the state level, we believe that Congress can play a roll in encouraging states to pass state wide building codes. NAMIC believes that Congress should pass legislation that provides a financial incentive for states to adopt building codes.

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