IBHS Members-Only Data Report:

Transcription

1 IBHS Members-Only Data Report: Methodology of State Building Code Ratings December 31, 2011 In early January, the Insurance Institute for Business & Home Safety (IBHS) released the report, Rating the States: An Assessment of Residential Building Code and Enforcement Systems for Life Safety and Property Protection in Hurricane-Prone Regions. This first-of-its-kind analysis evaluated regulations and processes governing residential building construction in the 18 states most vulnerable to catastrophic hurricanes along the Atlantic Coast and Gulf of Mexico. The report is publicly available at To assure credibility and transparency, the rationale for the state ratings is fully explained in the public report. However, some details of the state-by-state evaluations and model are being made available exclusively to IBHS members in this data report. This report also includes additional information about the levels of protection in place in each state studied. This information should be combined with the state overviews in the public report to achieve a complete understanding of each state s building code regulatory processes. Please note that this data report is a benefit of IBHS membership, and we request that you not share it outside of your organization. About the Findings In developing the Rating the States report, IBHS assessed 47 individual data points that reflected crucial details of a state s residential building code. Although no state achieved a perfect rating, based on IBHS 100-point scale, three states exceeded totals above 90: Florida (95 points), Virginia (95 points), and New Jersey (93 points). States achieving 75 or more points included Massachusetts (87 points), South Carolina (84 points), Connecticut (81 points), North Carolina (81 points), and Rhode Island (78 points). States with 50 or more points included Louisiana (73 points), Maryland (73 points), Georgia (66 points), Maine (64 points), and New York (60 points). Followed by New Hampshire (49 points). States with the lowest building code protections in place included Alabama (18 points), Texas (18 points), Delaware (17 points), and Mississippi (4 points). Methodology of the Ratings A weighted model created by IBHS was used to translate the answers to a questionnaire into scores for each state as described below. The survey questionnaire was divided into the same three main sections, which comprise the basic elements of the code process: 1) code adoption and enforcement; 2) code official training and certification; and, 3) licensing requirements for construction trades who translate building code provisions into reality. These three elements combine to provide an overall regulatory scheme for design and construction of buildings. The first element, adoption of a statewide code, provides a basic level of uniformity in design and construction, and provides a minimum level of assurance that code requirements are met during the design and construction phases. The second element, code official training and certification, is part of the regulatory scheme to ensure that code officials are properly educated, trained, and tested in order to correctly enforce building codes. The third element, licensing requirements for construction trades, ensures that contractors and subcontractors are familiar with code provisions that directly affect their trade.

2 Insurance Institute for Business & Home Safety - Rating the States Section 1: Adoption and Enforcement of Building Codes Section 1 of the questionnaire focuses on residential building codes in each state and statutory requirements for enforcement of those codes. Section 1 of the analysis is worth 50 points in the IBHS model half of a state s possible total score because the building code is the baseline for the entire regulatory system. Question 1a examined whether a state has adopted a statewide mandatory code. In order for a state to receive full value in this category, the state must adopt the code and the code must apply throughout the state to all residential structures built. States with mandatory statewide codes received 10 points. IBHS believes statewide codes are essential to ensuring some continuity of requirements throughout the state. Without statewide codes, each individual jurisdiction may adopt a different code, creating a hardship on designers and construction trades, who must familiarize themselves with the code for each jurisdiction. Additionally, without making the code mandatory, there is no assurance that structures will be built in accordance with that code or any code. In some cases, states have adopted a code that is not mandatory for local jurisdictions to adopt and/or enforce; in addition, some states contain certain unincorporated areas or cities where the code simply does not apply. States falling into this category (Question 1b) received 4 points. States with no statewide mandatory codes received no points (Question 1c). Question 2 inquired whether statutes require mandatory enforcement of the adopted code. Mandatory enforcement ensures that structures are actually built to the requirements of the code. Ideally, codes are adopted at the state level and enforced at the local government level. Code enforcement consists of requiring specified inspections, as well as any other inspections the jurisdictions feel are necessary to ensure code compliance. States in which enforcement is mandatory received 10 points; those without mandatory enforcement received no points. If a state has adopted a statewide code (i.e., Question 1a or 1b is answered affirmatively), Question 3 focused on which edition of the International Code Council s International Residential Code (IRC) has been adopted. Each triennial edition of the code, up to the 2012 edition, has incorporated changes that enhance the wind resistance of a structure and its individual building elements. Therefore, states adopting the 2009 or newer edition of the IRC were given 5 points; states adopting the 2006 edition of the IRC were given 4 points; states adopting the 2003 edition of the IRC were given 3 points; and, states with older IRC editions or no IRC in place received no points. Questions 4a through 4f of the survey analyzed the major wind requirements of the model IRC and noted whether they were adopted as part of each state s code. All code features examined are requirements designed to strengthen the building envelope and resist wind forces. Question 4a examined whether the requirements of the IRC/American Society of Civil Engineers (ASCE) 07 were adopted for opening protection; these provisions deal with preventing damage to windows and other openings from windborne debris. Basic wind speeds 1 are determined by maps created by the ASCE, which are adopted into the code. The IRC requires opening protection in areas within hurricane-prone regions where the basic wind speeds 1 are equal to 120 mph, or in areas within one mile of the coast where the basic wind speed 1 is 110 mph or greater. The opening protection provided must be capable of resisting the basic wind speed 1 determined by the map. Question 4b examined whether roof coverings are required to meet the provisions of ASTM D 3161 or ASTM D 7148, which results in use of shingles appropriately rated for various wind speeds. 1 The basic wind speed, simply defined, is the maximum probable wind speed most likely in a particular location. 2

3 Insurance Institute for Business & Home Safety - Rating the States Section 1: Adoption and Enforcement of Building Codes (cont d) Question 4c examined whether doors, windows and garage doors are required to meet pressure ratings as defined by the IRC. This is important because pressure ratings help to ensure that the building envelope can withstand potentially extreme pressures imposed by wind forces. Question 4d examined if a state requires exterior wall coverings to be wind rated. Such ratings are important because they demonstrate that the outer layer is likely to stand up to wind forces without peeling off or otherwise exposing the interior of the wall to wind and water. Question 4e examined whether each state requires that structures built in areas with basic wind speeds equal to or exceeding 110 mph be designed and constructed in accordance with a variety of documents published by the ASCE, International Code Council (ICC), American Forest and Paper Association (AF&PA), American Iron and Steel Institute (AISI) and other groups, as required by the IRC. (See question 4a for details of determining basic wind speed.) Question 4f of the survey looked at two features of a structure that are very important to wind resistance, strapping requirements and sheathing attachment, to make sure states had not weakened relevant IRC provisions. Point values for questions 4a through 4f are: 2 points for Question 4a opening protection required; 2 points for Question 4b roof coverings required to meet provisions of ASTM D 3161 or ASTM D 7148; 1 point for Question 4c pressure ratings of doors, windows and garage doors as specified in the IRC; 1 point for Question 4d requirement for wind rated exterior wall covers; 1 point for Question 4e requirement for compliance with ASCE 7, AF&PA, AISI, etc., design guides for high wind areas; and, 1 point for Question 4f compliance with strapping/load path and sheathing standards. Question 5 inquired if the state s current building code mandates installation of fire sprinklers in residential construction. Beginning with the 2009 edition of the IRC, sprinklers were required in one- and two-family dwellings and townhomes. States that do require fire sprinklers as a part of their code received 1 point. Many states amend the IRC code provisions to adapt provisions to local requirements. However, because model codes are minimum standards to protect the health, safety and well-being of building occupants, it is very important that any local amendments do not weaken provisions of the model IRC. Question 6 inquired if any provisions of the statewide code (other than wind provisions detailed in questions 4a through 4f) have been weakened by state amendments. States that have not weakened other provisions received 1 point. Question 7a and 7b examined whether there is any state-level oversight of the local-level code amendment process. States that do not allow weakening at the local level received all 7 points allotted to these two questions. States that permit localities to weaken the code, but only with state approval, received a total of 5 points. Meanwhile, states that allow local jurisdictions to weaken the code without state level approval received no points for this question. These points are not available to states without a statewide residential code. Questions 8 and 9 inquired if states have adopted plumbing and electrical codes. In addition to the residential code, it is important that the major systems of a residence are regulated and inspected properly. If states have adopted the plumbing code, they received 4 points. Adoption of an electrical code also earned 4 points. 3

4 Insurance Institute for Business & Home Safety - Rating the States Section 2: Certification and Education of Code Officials A code official s level of knowledge is crucial to his or her ability to enforce the code. Most data collected in this section of the study was provided by the Insurance Services Office Building Code Grading Effectiveness Schedule (BCEGS ). BCEGS assesses the state of codes and enforcement mechanisms in individual communities. The IBHS study specifically examined BCEGS elements, including whether code officials are required to take educational courses about the code, whether they must pass an examination to demonstrate competency, the presence of any continuing education requirements, and whether the state is able to discipline a code official. Recognizing the importance of effective code enforcement, Section 2 of the state rating report comprises 25 points, or one-quarter of a state s total possible score. Question 10 looks at whether a state has a regulatory program for certification/licensing of code officials. A state-level certification program provides more uniformity in the education of officials and more uniformity in code administration and enforcement throughout the state. Where a state-level regulatory program for certification and education of code officials exists, the state received 7 points. Question 11 inquired if the state requires individuals to complete codespecific educational classes before taking a certification exam. The IRC contains more than 500 pages of requirements for construction of one- and two-family dwellings and code officials often are responsible for enforcing more than one volume of the code. States requiring education classes prior to certification received 6 points. Question 12 inquired if the state requires code officials to obtain certification prior to taking the job. Much of code enforcement training is done on the job. Some states allow inspectors to begin working under the supervision of a certified official, and a new employee is given a specified time period during which they must complete required course work and examinations. If the course work and examination are not completed within the required time, that person is no longer permitted to perform code enforcement. Questions 12a, 12b, and 12c ascertain if certification is required prior to employment (Question 12a = 4 points), and if not, how soon code enforcement officials must attain certification/licensing with respect to their start of employment. If the state allows a code official to begin working prior to certification, and the official is required to complete the certification process within two years, the state received 3 points (Questions 12b and 12c). For states that allow more than two years to complete the certification process, 2 points were awarded (Questions 12b and 12c). Question 13 examined whether the certification/licensing program requires continuing education focused on the residential code. Residential construction is generally considered simpler and less complex than commercial construction. However, this is often not the case. Houses have increasingly featured more complex roof lines and building systems, emerging technologies, and open spaces. Most houses do not have a registered design professional preparing the plans. Where design professionals are not required to prepare residential plans, it is very important that code officials stay current on code provisions. For these reasons, Question 13a examined the length of the recertification interval. If it is equal to or less than 2 years, 1 point was awarded. Question 13b inquired about how many hours of continuing education are required. If the average number of required hours per year (required hours for recertification divided by the length of the recertification interval) is equal to or greater than 7, the state received 1 point. States without continuing education requirements receive no points for these two questions. Question 13c awarded 3 points to states requiring continuing education on the residential code. States that do not mandate continuing education on the residential code received no points. 4

5 Insurance Institute for Business & Home Safety - Rating the States Section 2: Certification and Education of Code Officials (cont d) Question 14 examined whether the state licenses code officials separately for residential construction. An inspector that only inspects residential construction (and no other discipline) is likely to be more knowledgeable about the one code they enforce than if they are required to administer and inspect more than one code volume. States that certify residential officials as a separate certification received 1 point. Question 15 inquired whether the state has a mechanism for consumers to file complaints, as well as whether a board has authority to discipline inspectors. Consumers should be able to bring code officials who are not performing as expected to the state s attention. Also, states should have a mechanism to discipline code officials who have been judged incompetent or negligent, or have committed other infractions specified by state statutes. If both of these conditions were met, the state received 2 points. Section 3: Licensing of General Contractors and Subcontractors Section 3 relates to regulation of the entities closest to construction of residential properties, which are ultimately responsible for meeting code requirements: general contractors and subcontractors. The same set of questions is asked separately for each of five types of contractors: general, plumbing, mechanical, electrical, and roofing. Points are awarded similarly for each question, regardless of which type of contractor is being considered. The questions follow: Are contractors licensed? (2 points if yes ) Does the applicant take a test to prove minimum competency? (1 point if yes ) Does the state have a mechanism for consumer complaints and disciplinary action for contractors? (1 point if yes ) Does the state require continuing education for contractors? (1 point if yes ) For the purpose of scoring, instances where contractors are certified or registered are treated as licensed. Each set of four questions is worth up to 5 points. As a result, because there are five types of contractors included in Section 3, the section is worth a total of 25 points. 5

6 Allocation of Points Insurance Institute for Business & Home Safety - Rating the States Adoption and Enforcement of Building Codes 1a 1b 1c Do the statutes of the state require adoption of a mandatory statewide residential code? Do the state statutes adopt a residential code, but adoption by local jurisdictions is not mandatory, or code doesn t apply throughout the state? Does the state have no statewide code? Meaning local government can use any code they choose Do the state statutes require mandatory enforcement? What edition of the International Residential Code does the state use? a Do the provisions of the code meet the requirements of the IRC/ASCE 7 for opening protection? 4b Do the provisions of the code require roof coverings to meet the provisions of ASTM D or ASTM D 7158? 4c Do the provisions of the code require that windows, doors and garage doors meet pressure ratings as provided in the IRC? 4d Do the provisions of the code require that wall covers be wind rated? e In areas where wind speeds equal or exceed 110 mph as per IRC/ASCE 7 maps does the code direct users to the requirements of the standards listed in question 4e on page 3. 4f The code does not allow alternate state provisions (amendments) that are weaker than those from the standards for either: a. strapping/load path; or b. sheathing attachment. 5 Does the code mandate fire sprinklers? Other than wind provisions, has the state adopted other weakening amendments to the residential code? 7a Are weakening amendments allowed by local jurisdictions? b Are local technical amendments required to be approved by a state administrative body? 8 Does the state adopt a plumbing code? Does the state adopt an electrical code? Certification and Education of Code Officials 10 Does the state have a mandated program for code enforcement officials for certification/licensing? Does the residential/building certification/licensing program require individuals to complete code-specific educational classes before they can take the exam (residential)? 12a Does the state require that, before employment, code-enforcement personnel receive certification in the field in which they will work (residential construction)? 12b If no, is certification required within a fixed time period? 12c What is the time period? 6

7 Allocation of Points Insurance Institute for Business & Home Safety - Rating the States 13a If the certification/licensing program requires continuing education, what is the interval for recertification? 13b If continuing education is required to maintain certification/licensing, how many hours are required? 13c If the certification/licensing program requires continuing education, does the certification/licensing program include continuing education about the residential code? 14 Does the state license inspectors separately for residential construction? Does the state have a mechanism for consumers to file complaints and does a board have the authority to discipline inspectors? Licensing of General Contractors and Subcontractors 16 General Contractors 16a Do the statutes mandate licensing of general contractors? b Do applicants take a test to prove minimum competency? c Do consumers have a mechanism to file complaints, and does the d Does licensing require continuing education? Plumbing Contractors 17a Do the statutes mandate licensing of plumbing contractors? b Do applicants take a test to prove minimum competency? c Do consumers have a mechanism to file complaints, and does the d Does licensing require continuing education? Mechanical Contractors 18a Do the statutes mandate licensing of mechanical contractors? b Do applicants take a test to prove minimum competency? c Do consumers have a mechanism to file complaints, and does the d Does licensing require continuing education? Electrical Contractors 19a Do the statutes mandate licensing of electrical contractors? b Do applicants take a test to prove minimum competency? c Do consumers have a mechanism to file complaints, and does the d Does licensing require continuing education? Roofing Contractors 20a Do the statutes mandate licensing of roofing contractors? b Do applicants take a test to prove minimum competency? c Do consumers have a mechanism to file complaints, and does the d Does licensing require continuing education?

8 Survey Questionnaire Answers Insurance Institute for Business & Home Safety - Rating the States Adoption and Enforcement of Building Codes 1a 1b 1c Do the statutes of the state require adoption of a mandatory statewide residential code? Do the state statutes adopt a residential code, but adoption by local jurisdictions is not mandatory, or code doesn t apply throughout the state? Does the state have no statewide code? Meaning local government can use any code they choose. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No Yes No No No No No No No No No No No No No No Yes Yes Yes No No Yes No No No No No No No No No No No No No No No No Yes No Yes Yes 2 Do the state statutes require mandatory enforcement? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes No No No No No 3 What edition of the International Residential Code does the state use? N/A 2006 N/A N/A 4a Do the provisions of the code meet the requirements of the IRC/ASCE 7 Yes Yes Yes Yes Yes No No No Yes Yes Yes Yes No Yes No Yes No No for opening protection? 4b Do the provisions of the code require roof coverings to meet the provisions Yes Yes Yes Yes No No No Yes Yes Yes Yes Yes No Yes No No No No of ASTM D 3161 or ASTM D 7158? 4c Do the provisions of the code require that windows, doors and garage Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No No doors meet pressure ratings as provided in the IRC? 4d Do the provisions of the code require that wall covers be wind rated? Yes Yes Yes Yes No No No Yes Yes Yes Yes Yes Yes Yes No No No No 4e In areas where wind speeds equal or exceed 110 mph as per IRC/ASCE Yes Yes Yes No Yes No No No Yes Yes Yes Yes Yes Yes No Yes No No 7 maps does the code direct users to the requirements of the standards listed in question 4e on page 3. 4f The code does not allow alternate state provisions (amendments) that are Yes Yes Yes No Yes No No No Yes Yes Yes Yes Yes Yes No Yes No No weaker than those from the standards for either: a. strapping/load path; or b. sheathing attachment. 5 Does the code mandate fire sprinklers? No No No No No No No No No Yes No No No No No No No No 6 Other than wind provisions, has the state adopted other weakening No Yes No Yes No No Yes Yes Yes No Yes No Yes No No No No No amendments to the residential code? 7a Are weakening amendments allowed by local jurisdictions? No N/A N/A N/A No No N/A N/A N/A Yes No No No No N/A Yes N/A N/A 7b Are local technical amendments required to be approved by a state N/A N/A N/A N/A N/A N/A N/A N/A N/A No N/A N/A N/A N/A N/A No N/A N/A administrative body? 8 Does the state adopt a plumbing code? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes No 9 Does the state adopt an electrical code? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No No Certification and Education of Code Officials 10 Does the state have a mandated program for code enforcement officials for Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No certification/licensing? 11 Does the residential/building certification/licensing program require individuals Yes Yes Yes Yes No Yes Yes Yes No No No Yes Yes N/A N/A N/A N/A N/A to complete code-specific educational classes before they can take the exam (residential)? 12a Does the state require that, before employment, code-enforcement personnel receive certification in the field in which they will work (residential construction)? No No Yes No No Yes No No No Yes Yes No No N/A N/A N/A N/A N/A 12b If no, is certification required within a fixed time period? Yes Yes N/A Yes Yes N/A Yes Yes Yes N/A N/A Yes Yes N/A N/A N/A N/A N/A 12c What is the time period? (in months) N/A N/A N/A N/A N/A N/A N/A N/A N/A 8

9 Survey Questionnaire Answers Insurance Institute for Business & Home Safety - Rating the States 13a 13b If the certification/licensing program requires continuing education, what is the interval for recertification? If continuing education is required to maintain certification/licensing, how many hours are required? (Hours per year) 2 yrs 2 yrs 3 yrs 3 yrs 2 yrs 3 yrs 1 yr 2 yrs 3 yrs 3 yrs 3 yrs 6 yrs 1 yr N/A N/A N/A N/A N/A 16/2 16/2 15/3 45/3 24/2 90/3 6/1 20/2 15/3 15/3 15/3 9/6 24/1 N/A N/A N/A N/A N/A 13c If the certification/licensing program requires continuing education, does Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes N/A N/A N/A N/A N/A the certification/licensing program include continuing education about the residential code? 14 Does the state license inspectors separately for residential construction? No Yes Yes No Yes Yes No No Yes Yes Yes Yes No N/A N/A N/A N/A N/A 15 Does the state have a mechanism for consumers to file complaints and does a board have the authority to discipline inspectors? Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes N/A N/A N/A N/A N/A Licensing of General Contractors and Subcontractors 16 General Contractors 16a Do the statutes mandate licensing of general contractors? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No Yes No No Yes 16b Do applicants take a test to prove minimum competency? Yes Yes No Yes Yes No Yes No Yes No Yes N/A N/A N/A Yes N/A N/A Yes 16c Do consumers have a mechanism to file complaints, and does the Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes N/A N/A N/A Yes N/A N/A Yes 16d Does licensing require continuing education? Yes No No Yes No No No No Yes No Yes N/A N/A N/A No N/A N/A No 17 Plumbing Contractors 17a Do the statutes mandate licensing of plumbing contractors? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes No Yes No 17b Do applicants take a test to prove minimum competency? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes N/A Yes N/A 17c Do consumers have a mechanism to file complaints, and does the Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes N/A Yes N/A 17d Does licensing require continuing education? Yes Yes Yes Yes No Yes Yes No Yes No Yes No N/A Yes No N/A No N/A 18 Mechanical Contractors 18a Do the statutes mandate licensing of mechanical contractors? Yes Yes Yes No Yes Yes Yes Yes No Yes Yes No No No Yes No Yes No 18b Do applicants take a test to prove minimum competency? Yes Yes Yes N/A Yes Yes Yes Yes N/A Yes Yes N/A N/A N/A Yes N/A Yes N/A 18c Do consumers have a mechanism to file complaints, and does the Yes Yes Yes N/A Yes Yes Yes Yes N/A Yes Yes N/A N/A N/A Yes N/A Yes N/A 18d Does licensing require continuing education? Yes Yes Yes N/A No No Yes No N/A No Yes N/A N/A N/A Yes N/A No N/A 19 Electrical Contractors 19a Do the statutes mandate licensing of electrical contractors? Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Yes Yes No Yes No 19b Do applicants take a test to prove minimum competency? Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes N/A Yes Yes N/A Yes N/A 19c Do consumers have a mechanism to file complaints, and does the Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes N/A Yes Yes N/A Yes N/A 19d Does licensing require continuing education? Yes Yes Yes Yes Yes Yes Yes Yes N/A No Yes Yes N/A Yes Yes N/A Yes N/A 20 Roofing Contractors 20a Do the statutes mandate licensing of roofing contractors? Yes Yes Yes Yes Yes No No No No No No No No No No No No No 20b Do applicants take a test to prove minimum competency? Yes Yes No Yes Yes N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 20c Do consumers have a mechanism to file complaints, and does the Yes Yes Yes Yes Yes N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 20d Does licensing require continuing education? Yes No No Yes No N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 9