Exploring the Impact of Vermont Adoption of the ICC International Codes

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Working to improve public health and safety throughout Vermont —

An ICC Professional Chapter since March 2009

ICC Building Safety Association of Vermont

BSA-VT has the opportunity to facilitate discussions among various stakeholders in Vermont in preparation for the upcoming code adoption process and public hearings.

BSA-VT Directors Bob Howe (Div. of Fire Safety) and Sandy Vitzthum, AIA, led an informal brainstorming session on April 7.  Similar discussions have been going on in various organizations for some time, and this was an informal opportunity for any and all stakeholders to voice their opinions and views on the subject of residential construction in Vermont.

In 2009, Vermont adopted the 2006 IBC (ICC International Building Code) for all buildings except owner-occupied single family homes.  In the coming months, an update to the 2009 IBC will be enacted, and there is potential for Vermont to add the 2009 IRC (ICC International Residential Code) at the same time.

The effort is to gain input and focus discussion to establish a consensus.  The questions include:

Should the State of Vermont legislate statewide adoption of the IRC?

What would be the impact on your business/job/municipality if Vermont adopted the IRC statewide?

Is a licensing requirement for builders needed?  Would this alleviate the burden of code administration at state and local jurisdictions?

Please share this web page with others in your organization and share your views at this early stage of the discussion.  You voice can be heard in person (register at the link above), or by sending an email to Robert Patterson or Sandy Vitzthum.

AIA Public Policy Committee 8/24/11 Meeting Notes:

In the 2011 Vermont legislative session, a committee was appointed to examine the regulatory process for construction in Vermont, including the present use of multiple building/life safety codes.  The eleven members will meet six times, and their report is due to the legislature by 1/15/12.

The committee has been charged to consider whether Vermont's regulatory process for building construction could be simplified without reducing life safety.  Specifically they will evaluate the multiple safety codes now referenced by statute and recommend which ones should be used in the future and which types of buildings they should be applied.

A summit is planned for a construction professionals this fall.  The expected participants will be architects (AIA), engineers (various associations), contractors (AGC), builders (HBRA), specifiers (CSI), landscape architects (ASLA) and of course BSA-VT.

This is the text of the new legislation:

* * Study of Vermont Building Codes * * *

Sec. 46. STUDY; VERMONT BUILDING CODES

(a) Findings.

(1) The state of Vermont has two codes that are used to regulate construction in public buildings: one is the International Code Council (ICC) that publishes the International Building Code (IBC) which is adopted by the State, the other is the National Fire Protection Association (NFPA), that publishes the Life Safety Code and Uniform Fire Code adopted by the state.

In most cases, the life safety codes do not regulate the actual construction of buildings, but rather, are designed to protect life safety and property.

Other states may use only the International Code Council codes; however, these codes have greater than 300 references to the NFPA codes; in addition, these states also have modified the code for particular local or state issues.

Some states have no building codes at all.

(2) Construction is regulated under the division of fire safety and by municipal code officials. Application of these codes should be consistent throughout the state. This would help to reduce confusion with contractors, design professionals, and the enforcement staff located in regional offices and municipalities. It would also reduce time during the design process and improve efficiency. The issues are further complicated when determining the appropriate application of one or more codes to both new buildings and to existing buildings. It is realized that the IBC code is not appropriate to use for existing buildings which may present differing concerns from the perspective of both construction and design professionals; however, those working in the field of existing building renovation understand that the use of the NFPA codes is applied by public safety.

(3) Notwithstanding these competing perspectives, Vermont's blend of codes remains difficult for most professionals from all perspectives to interpret and apply. It is appropriate for design professionals to meet with division staff during preconstruction of complex design; this is a free service which is encouraged. A better understanding of the codes through education and cooperation would substantially reduce public resources.

(4) The general assembly therefore has determined that it should create an interim committee to consider whether the process may be simplified to improve clarity and reduce regulatory costs without reducing life safety for occupants and for first responders in the case of emergency.

(b) Creation of committee. There is created a building code study committee to evaluate the present use of multiple building and life safety codes, to assess the costs and benefits of each, to recommend to the general assembly whether one or more codes should be used going forward, and to what types of buildings or classes of buildings they should be applied.

(c) Membership. The building code study committee shall be

composed of the following:

(1) one member appointed by the commissioner of public safety who shall be an employee of the division of fire safety and who shall serve as chair of the committee;

(2) one member appointed by the AIA-VT who shall be a licensed architect;

(3) one member appointed by the Structural Engineers Association of Vermont who shall be a structural engineer;

(4) two members from the emergency services sector, one of whom shall be appointed by the Vermont Coalition of Fire and Rescue Services and shall be a professional firefighter, and one of whom shall be appointed by the Vermont Ambulance Association and who shall be an emergency medical technician;

(5) one member appointed by the Associated General Contractors of Vermont who is a general contractor;

(6) one member appointed by the governor who shall be a representative of a nonprofit developer;

(7) two members appointed by the Vermont League of Cities and Towns, one from a city and one from a town, and each of whom represents the interests of municipalities that administer building code programs;

(8) one member appointed by the secretary of commerce and community development who shall have expertise in historic preservation.

(9) the commissioner of buildings and general services or his or her designee.

(d) Report. On or before January 15, 2012, the committee shall report its findings and any recommendations for legislative action to the house committees on commerce and economic development and on general, housing and military affairs, and to the senate committee on economic development, housing and general affairs.

(e) The committee may meet no more than six times, shall serve without compensation, and shall cease to exist on January 31, 2012.