American Architectural Manufacturers Association

Southeast Region Legislative and Building Code Developments

Dr. Timothy Reinhold of the Insurance Institute for Business and Home Safety (IBHS) Research Center also presented an update of Southeastern U.S. state legislative activities and building codes and standards development at the AAMA Southeast Region Fall Meeting.

LEGISLATIVE ACTIVITIES

Alabama

• Senate Bill 389, signed by the Governor in June, established the Strengthen Alabama Homes Program to help homeowners in retrofitting properties to resist windstorm. However, funding to implement the program has not yet been provided.
• Senate Bill 395, also signed by the Governor in June, provides income tax credits to homeowners who retrofit their home to resist wind or flood.

• House Bill 849, which passed in June, is significant because it amends the Florida code to be more stringent than the base code. The Bill states that the Florida Building Commission must use the International Codes as the base for the Florida codes and that the code must be updated every three years. Florida updates every three years, but it had not been a legislative mandate. Observers say that it appears from the legislation that amendments will not automatically be brought forward to the new edition. A need for any amendment must be demonstrated and it must be cost effective to amend the code.
• House Bill 407 prohibits state inspectors from inspecting any portion of a structure that is not part of the building permit, except for permits issued for substantial improvement, change of occupancy or for converting a structure from residential to non‐residential.

• House Bill 271 requires that permit applicants must be given list of qualified third-party inspectors when a permit is issued.
• House Bill 273 allows owners to occupy houses before hurricane shutters are installed if an affidavit is submitted stating that shutters have been ordered. There will be a follow-up inspection 90 days later to confirm.

• House Bill 1199 creates the Mississippi Windstorm Mitigation Coordinating Council and the Mississippi Windstorm Mitigation Fund. The Council will develop and implement ways for citizens to perform windstorm mitigation. The state Building Code Council will serve as advisor to the MWMCC.

• Recent legislation has created the Alabama Energy and Residential Code Board (AERCB), whose purpose is to adopt and amend a code for the state. This would apply to new jurisdictions that adopt building codes. The Bill is proposing to use the 2009 International Residential Code (IRC) with Alabama amendments. The AERCB wants to include the wind contour maps from the 2010 ASCE 7.
• Mobile and Baldwin Counties are looking at adopting a Coastal Construction Supplement that, if adopted, would mean that new homes must meet the criteria for Bronze Level of IBHS’s “Fortified for Existing Homes” program and may be eligible for insurance discounts. The Supplement was also proposed for inclusion in the code adopted by the AERCB.

• The Florida Building Council (FBC) is working on the next edition of the codes, and IBHS has submitted proposals to include the 2010 ASCE 7 map. This would alter the wind zones and the windborne debris area in the next edition of the code. IBHS consultant, Eric Stafford, has written a paper on the impact of 2010 ASCE 7 on Florida, which will be posted on the IBHS website.

• Georgia remains with the 2006 International Codes with Georgia amendments.

• Louisiana is using the 2009 International Codes. View more information.

• The Tarheel state adopted the 2009 International Codes, with the exception of the IRC and IECC (2011 North Carolina editions). The exception stems from the adoption of the 2009 International Residential and Energy Codes being delayed. These will become effective January 1, 2012, so currently the 2009 North Carolina Residential and Energy Codes, based on 2006 IRC & IECC, are in effect. The 2012 North Carolina Energy Conservation Code will contain stricter provisions than the 2009 IECC and will define new climate zones. View additional information regarding the North Carolina amendments.

• Implementation of the new edition of the South Carolina Building Codes was thwarted due to rulemaking procedures. As a result, the 2009 International Codes will not become effective in South Carolina, and the state will go directly from the 2006 International Codes to adopting the 2012 I-Codes, thereby skipping the 2009 versions. View information on the codes in South Carolina.

• Tennessee has a State Residential Building Code Enforcement Program. However, it does not apply in areas that have been exempted or where local jurisdictions are enforcing their own codes or have opted out of state residential building codes. Otherwise, Tennessee is using the 2009 International Residential Code and the 2006 International Energy Conservation Code. View more information.

• One- and two‐family dwellings in municipalities must meet the 2000 IRC in the Lone Star state. Commercial buildings in municipalities must meet the 2003 International Building Code.
• The Texas Department of Insurance (TDI) Windstorm Inspection protocol uses the 2006 IRC and IBC with Texas amendments. The state will soon be reviewing the 2009 IRC and IBC for possible adoption.

• Virginia has adopted the 2009 International Codes with Virginia amendments. View an online version of the code.

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