Alabama

Current Alabama law sets minimum building standards for state buildings, movie theatres and schools, with no statewide minimum standards for general commercial and residential construction. Local governments have the authority to adopt and set these standards. Many of these local governments have not adopted any building codes, while others have adopted and modified various building code standards. For example, in Mobile, the codes have been modified so that hurricane resistance is not required.

Early this year, several stakeholders meetings were held, and model legislation was drafted to implement a minimum mandatory statewide code. However, agreement on issues such as makeup of the code council, the department in which the code council would reside, allowance of code amendments and a funding mechanism was not to be found. This was also an election year, making the effort to find a champion in each chamber nearly impossible. Ultimately, introduction of a resolution to set up a committee to study the building code issue gained some support and became law. 

Joint resolution HJR653 was signed by the Governor on April 18, 2006. The resolution establishes a Building Code Study Commission that must generate legislative recommendations to the legislature by March 12, 2007 regarding implementation of minimum building codes throughout the state.

This resolution should help get key decision-makers to the table and promote forward motion toward consistent minimum construction techniques for hurricane protection along the coast as well as the rest of the state for matters such as structural integrity and fire resistance. 

Florida

Already home to some of the most stringent building codes in the country, Florida is making efforts to further strengthen its code with SB1774. Currently awaiting the Governor’s approval, this bill would authorize the Florida Building Commission to update and modify the wind-borne debris region based on the results of a study that was expected to be completed in May. This modification would only impact the Florida Panhandle, which currently exempts all but a one-mile strip along the coast from wind-borne debris requirements. If the bill is signed into law, expansion of the wind-borne debris region is expected to begin by May 31, 2007.

SB 1774 also removes the statutory definition of exposure category C (which has been leaving structures under-designed for wind), allowing the formal definition in the building code to prevail. 

Louisiana

After its experience with Hurricane Katrina, Louisiana has made every effort to ensure that the state is rebuilt to a safer standard. On November 29, 2005, the Governor signed SB 44 into law. The bill contains emergency provisions for flood and wind as defined in the 2003 International Residential Code (IRC) and International Building Code (IBC) for all coastal parishes. These emergency provisions remain in effect until implementation of the statewide code, which is expected to be in place by January 1, 2007.

When the statewide code is implemented, the latest versions of the IBC, IRC and International Existing Building Code (IEBC) must be adopted. This puts the state in a prime position to adopt the 2006 IBC and IRC, which no longer allow for partially enclosed design options. Although the Louisiana Building Code Council can modify the adopted codes, it must do so only after a finding, on the record, that the modification provides a reasonable degree of public health, safety and welfare. This is the same language that South Carolina has adopted, and it is among the strictest in the nation for limiting weakening amendments.

Mississippi

Like Alabama, Mississippi faced strong local opposition to a statewide building code. However, unlike Alabama, Mississippi had virtually no codes adopted at the state level. Education was the key to having lawmakers understand that adopting a code at a state level ensures a minimum level of safety across a state, but it does not mean that buildings in the northern part of the state are built the same way as the buildings along the coast. Additionally, lawmakers did not think that their constituents supported the additional regulation, even though the state is subject to hurricanes, earthquakes and flooding.

Solutia, State Farm, the Mississippi Economic Council and others joined the Mississippi Construction Industries Coalition to form Coalition to Build a Safer and Stronger Mississippi. This new coalition was dedicated to “educating” consumers and lawmakers. A poll of 600 people statewide found that 78 percent supported a statewide code. In fact, many people surveyed indicated that they thought current codes offer more protection than they actually do. Statewide building codes address more than just natural disasters. They also include things such as fire protection. It was discovered that Mississippi has the highest fire-related death rate in the nation. This fact alone began to change attitudes about the need for a statewide code. Many newspaper articles were published and television interviews were conducted establishing the benefits of statewide codes, and ultimately, significant progress was made. Two bills relating to building codes were passed and signed by the Governor on April 14, 2006.

The first, HB 1406, establishes the Mississippi State Building Code and forms the Building Code Council. It also lists five counties (Pearl River, Stone, Jackson, Hancock and Harrison) that were required to comply with the wind and flood provisions of the 2003 IBC and IRC by May 14, 2006. The five counties could opt out by June 13, but that was not anticipated. Other jurisdictions may enforce these codes but it is not mandatory. 

The other bill is HB 1440 which requires any state-owned facilities built after July 1, 2006 to comply with the IBC. There are efforts currently underway to continue moving Mississippi toward mandatory minimum statewide codes.

Next Steps

Adopting a code is just the beginning. In Louisiana and the coastal counties of Mississippi, the next critical step is education. Architects, building officials, builders and homeowners need to be informed regarding the new building requirements. Change is occurring at a dizzying pace, and manufacturers can help ease the burden by providing educational tools and resources.

According to Michael Wood, president of the Building Officials of Louisiana, “Clear and consistent labeling and installation instructions by manufacturers will greatly expedite the permitting process. The better the information from the manufacturer, the quicker the inspector can do his or her job.” Wood would like to see details such as design pressures and missile rating clearly listed on labels.

With help from Oldcastle Glass, Simonton Windows and Doors, Weather Shield Windows and Doors, YKK, FEMA and the International Code Council, Solutia recently hosted training sessions in Louisiana to educate building officials, architects and builders about new code requirements. As more officials, builders and architects begin working with various aspects of the new code, additional training will be needed. This will ensure that adequate enforcement occurs and a significant portion of our country is better protected against future storms.

Basic Differences between States Code Adoptions

Although Florida, Louisiana and Mississippi all have adopted the IBC and IRC by name in statute calling it the baseline for the state building code, there are some fundamental differences that will affect enforcement.

Mississippi does not require enforcement anywhere except the five named counties, while Louisiana and Florida require enforcement throughout the states.

The regulatory committee (building code council or commission) in Mississippi will only be charged with amending the codes, while those in Louisiana and Florida also oversee enforcement qualifications, appeals and code interpretations.

Code amendments by local jurisdictions are not allowed in Mississippi and Louisiana, but are allowed to be more restrictive in Florida.

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