Industry Residential
California Code Adoption Process
By John R. Schneider
Jan 4, 2003, 22:31

Why does California, one of the most influential and progressive states in our country, continue to adopt and enforce building codes that are out of date, and do not reflect new advancements in safety and technology?  This is a question that everyone in the construction and real estate industries should be asking their legislators, city councils, and building officials, and demanding an answer to.  By not adopting the most current codes, California potentially looses millions of dollars in federal funds, exposes Californians to increased insurance and housing costs, and deprives them of advances in materials and safety for housing. 

 It’s hard to believe that California has come to this point, but it is true.  For the past several years, politics and special interests have been stifling the code adoption process in the state, influencing how the Building Standards Commission determines which codes the state will adopt and enforce to govern construction in California. 

 The Building Standards Commission (BSC) was set up in 1969 to adopt nationally recognized codes and standardize them for the various state agencies, and the construction industry.  After a having a turbulent beginning, it wasn’t until 1981 that the BSC had finally adopted a uniform set of codes to be used throughout the state and state agencies.  They were the Uniform Building, Plumbing, and Mechanical Codes, and the National Electrical Code.  However, since that time, the BSC’s ability to adopt the most current codes has been slowly eroding, due to the politics of dealing with various state agencies and special interest groups.

 The biggest setback for the BSC occurred several years ago when the three model code organizations in the United States began developing a uniform set of codes that could be used internationally, called the “International Codes”.  These codes were first published in the year 2000, and represented the most advanced and integrated set of codes ever developed, to allow conformity in construction across the United States.  This means that if you are builder, architect, or engineer you would only be working with one set of codes no matter which state you were working in.

 The importance of this family of codes is that they have been developed by a cooperative effort of industry and governmental agencies, to assure that the codes reflected true safety and the latest technological advances in the construction industry. 

 While the International Codes represent a set of codes designed to work together, certain industry groups and trade unions have consistently fought against their adoption because of their own personal interests.  Most notably, organizations representing the plumbers’ union and fire chiefs have fought the battle against adopting these new codes.  The reason has to do with how the code process is conducted.  The difference between the two groups is that in the international code adoption process, final code approval is up to the people who enforce the code (building officials), and in the other process, the final approval is up to industry and organizations.

 An example of what can happen when industry has the final vote on the code can be seen  with the plumbers union and their industry organization, the International Association of Plumbing and Mechanical Officials (IAPMO). 

These two groups have been fighting the inclusion of new materials and technology in the code since the mid 1970s.   If you look at the currently adopted edition of IAMPO’s Uniform Plumbing Code, you would see that their code has not recognized any of the new piping materials for gas, water and sewage installations that have been coming onto the market since 1979. 

 They don’t want new materials that allow faster and easier installation, and cost less to install.  

The 2002 International Codes recognize and approve many new materials that are still not allowed in California, because the current and most advanced set of codes have not been adopted.

 Will the BSC be adopting the new 2002 International Codes?  No.  In the past few months, the BSC adopted the codes that California will be using for the next two to three years.  The codes are 1997 edition of the Uniform Building Code, the 1999 edition of the National Electrical Code, and the 2000 edition of the Uniform Mechanical Code, the Uniform Plumbing Code, and the Uniform Fire Code.

 By not adopting the most current nationally recognized code, the BSC in effect compromises the right of Californians to collect federal disaster funds from the Federal Emergency  Management Agency (FEMA).    In order to receive emergency relief money from disasters such as earthquakes and floods, FEMA requires that the local jurisdiction have adopted the most current code, to ensure that their money buys the best quality.

The Insurance Services Organization which rates building departments on the quality and enforcement of the codes, will automatically lower ratings if the current codes are not adopted by a particular municipality.  Insurance companies use this rate to determine how much they will charge consumers in a particular community, for house  insurance.  Obviously, if California has not adopted the most current code, insurance rates for new homes will cost more.

 Finally, by not adopting current codes, the BSC indirectly increases the cost of housing by not taking advantage of labor saving and technological advances designed to enhance the safety and quality of our homes.  

 As Californians, we can no longer allow the Building Standards Commission to be delinquent in their responsibilities to ensure the quality and uniformity of the building codes used throughout this wonderful state.  They need to stand up to political pressure from special interest groups, and do what is right for California by adopting the International Building Codes.  Unfortunately, this will not happen without some sort of a public outcry from the consumer and construction industry.

 John R. Schneider is a licensed general building contractor and an ICBO certified residential code specialist. He is president of All About Homes, a residential inspection company, and has been performing code and construction consultations since 1985.  Readers may address their comments to John Schneider, 24326 Mission Blvd., Suite 7, Hayward, CA  94544.  Fax number: 510-537-8666.  Schneider will answer questions of general interest in the paper.  He reserves the right to edit the letter for brevity and clarity.  Readers are encouraged to contact a competent contractor or code consultant for specific information regarding questions they may have about their home.