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TO: MAYOR AND CITY COUNCIL
FROM: Dan Nickle, Codes Administrator
Jay N. Hutchison, City Engineer
DATE: July 1, 2003
City Council Study Session Date: July 7, 2003
SUBJECT: Update of Building Codes
RECOMMENDATION
It is recommended that Council direct that an Ordinance be brought forward to
a regular City Council meeting to update the City's building codes and adopt
the International Codes.
BACKGROUND
Periodically, building codes are updated to reflect development of new methods of construction and new materials for construction. The development of new codes allows jurisdictions, such as Lakewood, to stay current with the building industry, ensure the safety of building occupants, and provide for cost competitive construction materials and building techniques.
The codes address:
¨ General building construction
¨ Residential building construction
¨ Electrical systems
¨ Fire prevention and protection
¨ Mechanical systems
¨ Plumbing systems
¨ Fuel gas systems
¨ Energy conservation
The International Codes
For decades, three organizations developed separate building codes. Nearly
all jurisdictions throughout the United States used one of those three building
codes. The three entities were:
¨ The Building Officials and Code Administrators International, Inc. whose
code was used in northeastern states,
¨ The Southern Building Code Congress International, Inc. whose code was
used in the southeast, and
¨ The International Conference of Building Officials whose code was used
in the west including Lakewood.
In 1994, the three organizations formed the International Code Council (ICC.) A purpose of the ICC is to provide a unified set of codes that can be adopted throughout the United States and other countries. The ICC has drawn on the expertise of the three founding organizations and others to develop a complete set of codes, the International Codes, which can be used to ensure safety of building users. With successful development of the International Codes, each of the three organizations has chosen to disband and recommend use of the International Codes.
Four of the major advantages of the International Codes are:
1) Elimination of geographic barriers to designers, builders, and trades people.
2) Comprehensive and consistent provisions.
3) Allowing historically dictated construction methods while providing the option of customized design of building systems.
4) A simplified publication for builders of one and two family dwellings.
Each of these advantages is described below.
1) By adopting a unified set of codes that is recognized throughout the country, the development environment in Lakewood will be more competitive as consultants and contractors that operate in multiple states can transfer their code knowledge to projects proposed in Lakewood. Out of state builders and designers are commonly working in Lakewood (a) on major projects such as Belmar, (b) for national chains such as grocers, discount retailers and drug stores, and (c) for retailers that work with international suppliers such as car dealers.
Prior to the International Codes being developed, there were three separately developed building codes used in different geographic areas of the United States. The International Codes have eliminated those geographic limitations and the three distinct documents are no longer being produced or updated.
2) The coherent family of International Codes provides a second major benefit in that all of the codes associated with building construction are compatible and integrated so that there are neither conflicting provisions nor gaps between codes. To realize this benefit, the International Code Council also prepares codes for the other trades, including mechanical, plumbing, fire, etc. Only one code recommended to City Council, the National Electrical Code, is not prepared by the International Code Council. The ICC and the National Fire Protection Association, developer of the National Electrical Code, have agreed that its technical provisions will be used by both organizations. This further reduces the number of potential conflicts or gaps between codes.
3) One key feature of the International Codes is the opportunity for designers and builders to meet "performance criteria" for building systems such as plumbing or mechanical installations. "Performance criteria" means the code specifies an "end result" but gives the designer the flexibility to decide how to achieve the end result that meets code. The performance criteria method was developed to ensure building and occupant safety while recognizing that there are often multiple ways to provide such safety.
As an example, under the International Plumbing Code a plumber in the field could use the same methods and materials to plumb a building that the plumber used under codes adopted by Lakewood in the past; no new knowledge or skills are required. The International Plumbing Code offers an additional option that allows designers to meet end result criteria that provide safety for building occupants and may better fit the occupants' needs or be more economical.
Should the designer choose to customize a plumbing design, the plumber would use the designer's drawings and specifications to install the building plumbing. With either approach, the plumber will use the skills and knowledge developed through apprenticeship and practice to provide a safe plumbing system. The newer International Codes are recommended, in part, because they result in very safe buildings while providing more flexibility to designers, contractors, builders, and owners to select more affordable materials and methods that are customized to a particular project.
4) For typical building construction it is necessary to comply with provisions
of several codes, generally including:
a. Building Code
b. Electrical Code
c. Mechanical Code
d. Plumbing Code
e. Fire Code, and
f. depending on the type of construction, others.
Only the International Codes provide in a single document all code provisions applicable to construction of one and two family homes. In other words, a person choosing to build a single-family home could work from a single code document for all aspects of construction rather than from five or more documents. The International Residential Code simplifies the construction of one and two family dwellings by placing all applicable code provisions within one document and by excluding provisions that do not apply.
Originally, the International Codes were envisioned to (a) reduce conflicts between code documents, (b) continue to ensure safety, and (c) optimize competitive opportunities in what has become an interstate and international design and construction community. The International Code Council's documents achieve those goals.
Development of International Code Provisions
The process used for development of the International Codes has two major steps designed to include input from all facets of the building industry while ensuring special interests are balanced. The two steps are:
· Full consideration of all proposed changes by technical committees composed of all parties in the building industry, and
· Based on recommendations of the technical committees and open public hearings, final decisions regarding code provisions are made by those charged solely with public safety and with no financial interest in the content of the codes.
Each of these steps is described in more detail below.
1) First, design professionals, manufacturers of products, trades people, government entities, and other interested parties are invited to submit proposals for changes to the codes and present rationale for those changes. Committees focused on particular areas of each code receive input from any interested party and evaluate change proposals. Voting committee members include experts from throughout the country and building industry including various disciplines associated with the relevant construction field. Technical Committee membership is equally shared among the following three groups:
§ The general public and representatives of entities charged with developing
or enforcing code provisions,
§ Representatives of those who produce, install or maintain materials subject
to code provisions, and
§ Representatives of those subject to code provisions such as designers,
building owners, etc.
The Technical Committees that receive code proposals and testimony then make written recommendations to the final decision-making body.
2) The second major step in developing the International Codes includes further testimony on each proposed code change before the final decision making body in a formal public hearing. The nearly 13,000 eligible voting members of the final ICC decision-making body are representatives of governmental entities. Governmental representatives are the final ICC decision-making body because (a) they are charged with protecting the public health and safety, (b) they are responsible for enforcement of codes, and (c) they have no vested interest in a particular product, construction method or other financial interest in the application of the codes. The input the governmental representatives receive comes from parties that include all of the design, manufacture and construction disciplines.
The process used to develop the International Codes provides multiple opportunities for any party to be heard regarding each proposed element of the Code. The process also ensures that code content decisions are made by those free from financial interest in the outcome.
International Code Adoption in Other Jurisdictions
More than 80 jurisdictions in Colorado have adopted one or more of the International Codes including:
· Littleton
· Westminster
· Thornton
· Longmont
· Jefferson County
· Arvada
· Boulder County
· West Metro Fire Protection District
· The Colorado Division of Fire Safety
· The Colorado Division of Housing.
Of particular note is the West Metro Fire Protection District. West Metro and
Lakewood work very closely together in fire prevention through coordinated enforcement
of the Fire Code. This partnership has worked well to ensure property owners
and builders receive consistent direction regarding fire prevention and fire
suppression systems.
The City and County of Denver is currently considering updates to its codes and Denver's Building Code Review Committee has recommended adoption of the International Codes. Ordinances for the adoption of International Codes are pending in Adams County, Arapahoe County, City and County of Broomfield and Fort Collins.
The following Colorado organizations support the adoption of the International Codes:
· American Institute of Architects of Colorado
· Associated General Contractors of Colorado
· Structural Engineers Association of Colorado
· Home Builders Association of Metro Denver
· Society of Industrial and Office Realtors, Colorado Chapter
· Colorado Association of Plumbing and Mechanical Officials
· Fire Marshals' Association of Colorado
International Codes have been adopted in 47 states. Some of the jurisdictions in the Mid-West and West that have adopted International Codes include:
§ States of
o Alaska
o Arizona
o Kansas
o Texas
o Oklahoma
o Utah
o Washington
o Wyoming
o Idaho
§ Cities of
o Tucson
o Council Bluffs
o Lincoln
o Omaha
o Des Moines
o Wichita
o Kansas City
o St. Louis
o Oklahoma City
o Tulsa
o Dallas
o Fort Worth
§ Other
o Dallas/Fort Worth International Airport
o Clark County, Nevada
The following national organizations support the adoption of the International Codes:
· U.S. Federal Emergency Management Agency
· U.S. Department of Housing and Urban Development
· Department of Defense
· National Park Service
· American Gas Association
· American Institute of Architects
· American Planning Association
· American Seniors Housing Association
· Building Owners and Managers Association
· Institute for Business & Home Safety
· Insurance Building Code Coalition
· National Apartment Association
· National Association of Home Builders
· National Association of Industrial & Office Properties
· National Multi Housing Council
· Responsible Energy Codes Alliance
The lists provided above are only a sampling of the types of agencies, communities, and associations that have recognized the advantages of the International Codes.
Lakewood's Board of Appeals Recommendation
The codes published by ICC are advisory documents. They do not become regulatory documents until a governmental entity, such as the Lakewood City Council, adopts them. Because of the technical nature of the codes, the Lakewood City Council has created the Lakewood Board of Appeals. The Board of Appeals is the body City Council has charged with reviewing codes and making recommendations to the Council regarding changes to the codes. The Board members are required to be "qualified by experience and training to pass upon matters pertaining to building construction."
The Board provides a method for insuring that a local technical review of the codes occurs by a technically qualified board before codes are forwarded for decision by the City Council. The codes being proposed have been unanimously recommended by the Lakewood Board of Appeals. The Board chair has provided a memorandum to the Mayor and City Council, on behalf of the Board, endorsing adoption of the new codes. The memorandum is attached.
The recommended ordinance is attached in black line format that identifies changes from the current Municipal Code with strikeouts showing deletions and new provisions underlined.
SUMMARY
The International Codes are the only integrated code set that covers all aspects of building design and construction with the broad purpose of safeguarding public health, safety and welfare. The International Codes have been scrutinized by, and developed with input from, all perspectives in the building industry. Adoption of the International Codes encourages economic development by removing barriers to doing business and encouraging cost effective residential and commercial construction through the use of proven and innovative work practices and products.
Specific codes recommended for adoption are:
1. 2003 International Building Code
2. 2003 International Residential Code
3. 2003 International Fire Code
4. 2002 National Electrical Code
5. 2003 International Plumbing Code
6. 2003 International Mechanical Code
7. 2003 International Fuel Gas Code
8. 2003 International Energy Conservation Code
The proposed codes provide a smooth transition as successors to the codes previously adopted by Lakewood. City staff responsible for public safety, keeping Lakewood competitive in development and redevelopment of the community, and keeping new construction costs economical has reviewed the proposed Codes with the City of Lakewood Board of Appeals. The Board and City staff recommend Council adoption of the new Codes.
Submitted by:
Richard J. Plastino, Director of Public Works
Jay N. Hutchison, City Engineer
Dan Nickle, Codes Administrator
Reviewed by:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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