Building  Owners  and  Managers  Association  International

Building Owners and Managers Association International

Federalization of Building Codes

BOMA POSITION

BOMA International supports the development of model building codes through a consensus process that encourages participation by all interested and affected parties within well-recognized and generally accepted and accredited organizations. BOMA International supports the adoption of model codes by federal, state and local authorities that have been fully vetted through the consensus process. BOMA International opposes federal legislation that would preempt this consensus process and “federalize” the model code development process by putting the federal government in the role of code developer. BOMA International also opposes federal legislation that would mandate adoption and enforcement of specific model codes at the state or local level.
 
Background
Over time, model codes for both commercial and residential buildings have been developed through a consensus process involving hundreds of interested parties, and stakeholders. The purpose of this deliberative process is to reach agreement on necessary changes to model building codes that federal, state and local agencies can adopt and enforce for new building construction and renovation and remodeling of existing buildings. This process takes place under the auspices of the International Code Council (ICC), although the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) and the National Fire Protection Association (NFPA) develop codes as well. BOMA International is a regular participant in the development of commercial building model codes through this consensus process.
 
In the 111th Congress, legislation was introduced that would effectively preempt the well established consensus model code development process by mandating the development of these codes by federal regulatory agencies. Such “federalization” of model building codes is an arbitrary and costly way to enact change and will lead to less innovation and efficiency gains in the long term.
 
In the 112th Congress, Senators Shaheen (D-NH) and Portman (R-OH) introduced S. 1000, the Energy Savings and Industrial Competitiveness Act of 2011. This legislation is an improvement over the legislation introduced in the 111th Congress, and it was further improved in the committee process. No final action was taken on the bill.​