The Bottom Line on Non-Profits

Recently, I needed to reference an old code to research an existing project our office did nearly 20 years ago.  Not only was it an old code (1994) but one I have never used before, the SBC, the Standard Building Code.

You see, up until about 2000, there were three major building codes in the US.  BOCA, which was prevelant in the East and Midwest.  There was the Uniform Building Code in the West, and as I said, the Standard Building Code in the Southern states.  In 1997, the International Building Code (IBC) was released as a model code that all three regional Legacy Codes (as they were called) combined to create one code for the entire country.  How that makes it “International” I am not sure.  Kind of like the World Series – all the participants are American based teams (Blue Jays being the one exception theses days).  To my knowledge, nowhere in Canada or Mexico is the IBC used…maybe they are counting Guam and Puerto Rico?  By 1999 all of the Legacy Codes ceased to exist and most states adopted the IBC. 

Just some of the books from one edition of the IBC family.

Almost immediately, this model code, one for all states, began printing separate codes for individual states and even several cities, each based on the IBC but just enough different to make you buy a new book.  And some standards groups refused to join, including NFPA or the National Fire Prevention Code.  To make it even better, many states require buildings to conform to BOTH codes.  So another set of books.  Did I mention that most of the books are rewritten every three years?  And there are about nine books needed for a full set.  And oh yes, the publishers of all these books are non-profit groups.

Some of the NFPA family of codes and standards.  They disappear into the horizon.

So to get back to the original story, I was trying to find an online resource for the 1994 code.  I merely needed to look at it for a few minutes.  I didn’t need to borrow it.  So I thought I found it, and downloaded a large PDF, only to see it was locked.  I needed a code to open it.  For that, the ICC (the Non-Profit organization that prints the International Building Code) wanted to have $75.  Imagine my frustration.  How did a 20 year old code rate 75 bucks for a Non-Profit?  Not only was the code old, the organization that created it didn't exist any longer!  I did some more searching for other sources, and I found a letter on an organization’s web page.  It came up in my search but had very little to do with the SBC Code, except for this:  Building codes and other standards are created by non-profit organizations quite often.  But they are in turn adopted into Law by the jurisdiction requiring adherence.  By definition, a law is the property of the people, and the people must be allowed access to the laws for free.  That is my non-lawyer interpretation, anyway.

They only get bigger.  Editions of the FGI (1997, 2001, 2006 & 2010 bottom to top)
2010 had to be split in 2 volumes.

It is hard for me to believe that these Non-Profits don’t rack in tons of money, much like health systems.  Reading deeper into the letter I found they published the salaries the chief executives of many of the Non-Profit organizations I see in my daily work life.  Now, I am not saying they don’t work hard.  But consider this:  each executive of these organizations makes more than the Chief Executive of the United State of America (also a non-profit entity).

Compensation of Major Nonprofits Involved in Standards Setting

Rank  Name of Nonprofit Organization       Name of Leader       Year   Amount

1        Underwriters' Laboratories                 K. Williams              2009   $2,075,984

2        National Sanitation Foundation          Kevin Lawlor           2009   $1,140,012

3        British Standards Institution               Howard Kerr            2010   $1,029,161

4        NFPA                                                  James Shannon      2009   $926,174

5        ANSI                                                   Saranjit Bhatia         2010   $916,107

6        ASTM International                            James Thomas         2009   $782,047

7        IEEE                                                   James Prendergast  2009   $422,412

8        Society of Automotive Engineers       David L. Schutt         2009   $422,128

9        American Soc. of Mech. Engineers    Thomas Loughlin      2009   $420,960

10      The United States of America             Barack Obama          2011   $400,000

(Source:  Public.Resource.Org Letter dated June 26, 2012 - except #10)

We, as architects, often run into issues where a building code official may require us to insert information directly from the referenced standard in our drawings.  This brings up an interesting point.  There are copyright protections written all over these standards.  What would Ms. Clouser, my high school English teacher say?  That is plagiarism.

According to the U.S. Copyright Office:

Edicts of government, such as judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents are not copyright-able for reasons of public policy.  (Source:  Public.Resource.Org Letter dated June 26, 2012).  This principal surely has to apply to Building Codes as each state passes legislature in order to adopt a building code, doesn’t it?  After a lawsuit against the SBC, the group Public.Resource.Org has been publishing many building codes online as PDF’s. 

So the edge is very thin.  Organizations do spend lots of money to create building codes and standards.  But they also seem to reap serious amounts of dough in book sales while maintaining a Non-Profit status along with the accompanying tax benefits. Once adopted, these codes are law, and by default, the property of the people .

Why should I pay $75 for a moldy old book?  I didn’t have to.  I finally found the actual paper copy in our office, luckily.  But virtually any law, ordinance or criminal code in my area, I can easily find online for free.  From dog leash laws to burning of leaves, I know where I stand.  But for some reason, those laws dealing with building construction and the protection of the health, safety and welfare of the human occupants within, are not readily available to the public.

Update Since the Original Creation of this Article:

Both NFPA and the ICC have since made all of their current codes, including some of the previous editions of their codes and standards, available online at their websites. They are read only, but that is all you need, especially if you're just looking for an old code for reference.  Three cheers for them!

Building Codes: What's So Unified About It?

In the span of an hour or two, my work can take me through several states in multiple time zones.  You would think that the efforts involved in the late 1990’s to create unified codes would have helped firms like ours that works in many states.  This, unfortunately, is not the case always.  Those responsible for building code compliance must be ever vigilant in their efforts to satisfy all requirements.  I routinely am asked questions about our various projects and I invariably have to interrupt the question to ask, “Where are we?”  Building codes, like real estate, are tied to location, location, location.

The International Code Council was formed in the 1990’s in an effort to combine the three model codes used throughout the United States at that time.  For what it is worth, this was accomplished as BOCA (Northern States), SBC (Southern States) and UBC (Western States) combined into the International Building Code family in 2000.  The problem lies with State and or Local adoption and to which version, as the ICC codes are updated every three years.  Just because the code is updated does not mean it is enforced.

The first step of code compliance satisfaction is to determine the prevailing code of the land.  This process should be easy, right?  Well, no.  We do have some tools to help us by the folks that write the codes. The following link to the ICC website identifies the adoptions by state:

www.iccsafe.org/gr/Documents/stateadoptions.pdf

The link does help narrow down the search for the 50 states and 5 territories.  However, if you look closely, some adoptions aren’t state wide.  In some state, like Delaware, they are adopted by County.  In some states, it is even by City.  The link above does give us a really good start on this and in most cases I’ve run across, lists each local municipality by name and what they each have adopted, as well as key contact people at the State.  But it is always best to check with each municipality to see what amendments there are to the adopted Code.  Sometimes there are none.  But not likely…

Currently, there are states using 2003, 2006, 2009, 2012 and 2015 editions.  Some states even use different editions within the family of codes, including Fire, Plumbing, Energy, Mechanical and others.  And many States have either the own code published by ICC or have amendments to the code that can be inserted into the standard code.

A few of the State code books I need to reference at my desk currently.

In our home state of Pennsylvania, a significant issue arose when considering adoption of the 2012 IBC and IRC (International Residential Code).  The main issue was dollars.  Builders and Owners had major concerns about the cost of new requirements in the codes.  The new codes effectively required a form of automatic sprinklers in every new dwelling built – even single family houses.  Without discussing all the litigation, the main effect was that PA has been stuck on 2009 IBC/IRC since.  To make matters more confusing, the State has since adopted select sections of the 2012 Code that affect accessibility.  So essentially, whenever building in Pennsylvania, one must use the 2009 IBC, but utilize Chapter 11 of the 2012 IBC, plus Appendix E, plus sort through all the other chapters of the 2009 Code that may have reference to accessibility.  Believe me; no one likes this process – not architects, not building code officials, no one.

Well used and well loved - some of the 2009 ICC family of Codes.

If that weren’t enough, there are other codes out there.  NFPA (National Fire Protection Association) has been around for over 100 years.  They produce codes and standards on many things; from the very specific, like commercial cooking hoods,  to the very broad, like their own building codes.  In the 1990’s there was an effort to fold NFPA codes into the ICC family, but it didn’t pan out.  Some jurisdictions enforce compliance to these codes in addition to the ICC codes.  This of course produces conflicts for those trying to comply with all applicable codes.  Example: one code says the dead end corridor is limited to 20 feet, the other 30 feet.  In this case, one must limit the dead end corridor to the most stringent or 20 feet.  It can get significantly more complicated, when multiple conditions must be met in both codes in order to provide some feature otherwise limited by one or both codes.

Some of the hundreds of NFPA standards and regulations.

In some cases, the next edition of one code may address the inconsistency between the two codes and the two finally align, but that only helps us when the jurisdiction we are working in adopts that code, which could be 10 years away, depending on the State.

The building codes, for the most part, address life and building safety.  There are other regulations that address operation.  For our firm, we routinely encounter these kinds of guidelines with health departments.  Whether it is a swimming pool, a commercial kitchen or a skilled nursing facility, there are more regulations.  These can have to do with lighting levels, air changes or distances from a care bases to a patient room.  These regulations can be at a city, county or state level as well, so more research must be done in order to ascertain who has jurisdiction over a particular project.

Another recent, national guideline like this the Facilities Guideline Institute.  It pertains to health care facilities and the like.  It is more of a minimum set of operations, equipment and facilities in health care related occupancies.  Some States have adopted this guideline while other States have their own set based on licensure requirements.

State licensure regulations affect building design and compliance.

There are also federal laws, like the Fair Housing Act, the Americans with Disability Act (ADA), and the Architectural Barriers Act.  The ADA is a law, not a building code, so while our plans are not reviewed or approved by any entity, failing to comply can and will be enforced by litigation.

Buildings themselves are a complex set of coordinated efforts to provide a healthy and safe living environment.  The vast web of building codes, operational requirements, safety guidelines and federal laws are an integral part of this process.  There is not a single source for any compliance issue.  A single project may have multiple authorities that review or approve construction plans.  As such a single project may be required to be compliant with multiple codes or regulations, and those regulations may not always agree.  The authorities granting occupancy don’t always agree.  As architects, we play the role of Chief Compromise Officer.