Changing the I Codes

Maureen TraxlerCode Development

ManagerCity of Seattle

Lee Kranz Plan Review Supervisor

City of BellevueChair WABO Technical

Code Development Committee

Tim NoglerManaging DirectorWashington State

Building Code Council

Outline Code development process 30 minutes

o ICCo WSBCC

cdpACCESS Hands On—Voting for real 30 minuteso Work through one as an example; vote as a groupo Each table/person with laptop votes

Writing proposals with exercise 60 minuteso Picking an issueo Formatting your proposalo Reason statementso Code change pitfalls

Why should you care about code development?

You learn a lot—about codes, reasons for code sections, new technologies…

It fixes problems you encounter Keeps codes current for new products and technology You can get the code changed

o WABO’s proposals have a good success rate Code development just got easier with cdpACCESS

o We asked for a way for everyone to participate, now we have it. o You have opportunity to vote; understanding the code

development process will help you understand how to vote Your participation is important

One person can’t do it alone With more people participating, the end result is better

Code Development Process Goals

Open to all parties Not dominated by proprietary or commercial interests Transparent Balance of interests Based on consensus

“Governmental consensus process”

Final vote is consensus of governmental members who have no financial interest in outcomes; represent the general public

“ANSI process” is very different. Used for A117, ASCE 7, ACI & other materials standards, UPC, NEC, NFPA 13

Allows longer debates, industry votes (no group can dominate), less opportunity to participate for people who aren’t on the committee

Fair appeals process

Code Change Cycle (Groups A, B, C)

Codes are divided into 3 groups for each code edition (Groups A, B, & C)

One-year of code development for each group o Group C (2014): IGCCo Group A (2015): IBC except structural, IEBC, IFGC, IMC,

IPC, IPMC, IPSDC, IRC - M, IRC - P, ISPSC, IZCo Group B (2016): Admin all codes, IBC Structural, IECC-

Commercial, IECC-Residential + IRC Energy, IFC, IRC - B, IWUIC

Early January

Proposals submitted

August Comments submitted

Mid March

Proposals posted

Late August

Comments posted

Late AprilCommittee

Action Hearings

Late SeptPublic

Comment Hearings

Mid May Online vote on

assembly actions

Mid OctOnline vote on

final actions

Mid NovFinal

results posted

Early June

Results posted

Phase 1: Proposals & Committees

Phase 2: Public Comments & Final Vote

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ICC Code Development ProcessCommittee Action Hearing Process

Committee votes on each proposal at the hearing

If someone present disagrees with committee vote, they make assembly motion

All ICC members can vote on assembly motions on-line after the hearing

Motions at Committee Hearings

Only Committee members make motions (except for assembly motions)

Possible motions:o AS As Submittedo AM As Modified o D (Disapproval)

Committee must state a reason for the motion.o Reasons published with hearing results

Motions at Public Comment Hearings

Anyone can make a motion Possible motions:

o AS As Submittedo AM As Modified by code development committeeo AMPC As Modified by Public Comment (only mods

published in the agenda are allowed—no floor modifications)

o D Disapproval Process is weighted in favor of status quo

(disapproval) first; committee action second. o Disapproval needs simple majority regardless of

committee action; committee action needs simple majority

STATE OF WASHINGTON

STATE BUILDING CODE COUNCILProcess for adoption of state amendmentsSTEP ONE: STATEWIDE AMENDMENTS

SUBMITTED

•Proposal proponent completes the ‘Application for Review of a Statewide Amendment’ form.

•assessment of why the amendment is needed based on the listed criteria: critical for life/safety; required by law; needed to address a unique character of the state; fix errors and omissions

•The form is submitted to the SBCC by the yearly March 1 deadline.

STATE OF WASHINGTON

STATE BUILDING CODE COUNCILProcess for adoption of state amendments

STEP TWO: STAFF REVIEW•SBCC staff checks for complete information

•Staff may request additional information from the proponent if necessary.

•Staff may be directed to conduct or provide additional research on the benefits and impacts of the proposal if necessary.

STATE OF WASHINGTON

STATE BUILDING CODE COUNCILProcess for adoption of state amendments

STEP THREE: COUNCIL CODES COMMITTEE REVIEW

*ACTION ITEM File CR 101 Notice of IntentNote: Rule Making must follow Administrative Procedures Act

•Council delegates to codes committees for review and public input. Proposals posted on Council website.

•Codes committees recommend proposals be sent either to a TAG for further review or be denied, tabled or deferred.

STATE OF WASHINGTON

STATE BUILDING CODE COUNCILProcess for adoption of state amendments

STEP FOUR: TECHNICAL ADVISORY GROUP PROCESS

•TAGs appointed by SBCC chair•TAGs review new proposals, and new code edition significant changes, and existing state amendments•TAGs make recommendations on adoption to the SBCC codes committee (AS, AM, D)

STATE OF WASHINGTON

STATE BUILDING CODE COUNCILProcess for adoption of state amendments

STEP FIVE: WORKGROUP ON ECONOMIC IMPACT

•TAG Chairs and staff present economic findings to the economic workgroup (SBCC members)

•Public may address the workgroup.

•Workgroup may recommend further economic analysis be conducted by the proponent, by staff, or by a third party.

STATE OF WASHINGTON

STATE BUILDING CODE COUNCILProcess for adoption of state amendmentsSTEP SIX: TAG RECOMMENDATIONS

•Codes committees review proposed amendments•Staff prepares a report to the Council on the economic impacts of all proposals reviewed.•Where an impact on small business is found, the report includes a Small Business Economic Impact Statement on those items. •ACTION ITEMS—

• SBEIS filed with proposed rule according to Regulatory Fairness Act.• Proposed rule filed for public hearing• Proposed rule contains all amendatory language

STATE OF WASHINGTON

STATE BUILDING CODE COUNCILProcess for adoption of state amendments

STEP SEVEN: COUNCIL REVIEW•Council reviews the proposed rules

•Public may address the Council regarding proposals.

•Council moves to forward proposed amendments to the public hearing process.•ACTION ITEM —File CR 102 Proposed Rule with small business economic impact statement ; sets public hearing dates.

STATE OF WASHINGTON

STATE BUILDING CODE COUNCILProcess for adoption of state amendments

STEP EIGHT: PUBLIC HEARING/ ADOPTION PROCESS

•Members of the public may address the Council regarding the economic (and other) impacts of proposed amendments to the codes.

•The Council makes a final decision on adoption of proposed statewide amendments by December1. •ACTION ITEM– File CR 103 Permanent Rule with cost benefit statement where necessary

cdpACCESS™ Main Features

On line submittal of code change proposals and public commentso Allows collaboration

Remote voting—2x for each code Group1. Committee Action Hearings (mid May)

• Vote on assembly motions following the hearings • All ICC members vote

2. Public Comment Hearings (mid October)• Vote to occur following the hearings• Governmental members only

ESSENTIAL to meet registration deadlines

Reason for cdpACCESS Response to ICC members’ request for a way to

participate in code development w/o travelo Can’t afford time & money to attend hearings

Added benefit: participate at your own paceo 2-week window to vote

Voting with cdpACCESS Voters can view video of hearings, text of proposals

and comments For more information on cdpACCESS™ go to:

http://www.iccsafe.org/cdpACCESS

WABO TCD Works as a group on:

o Drafting code change proposalso Drafting public commentso Reviewing proposals and commentso Testimony for hearingso Issues related to code development

WABO TCD is not the same as WABO Membership:o Does not represent WABO Membership except as

directed by the WABO Executive Committeeo Identify ourselves as representing WABO TCD on all

proposalso WABO TCD focuses on ICC codes and Washington State

codes

Nuts & Bolts of Code Changes

Code change proposals have 2 partso Revision to code texto Reason supporting change

Keeping track of your code change issues

WABO Discussions—TCD discussion forum (WABO website)

Lee keeps ideas in a 3-ring binder and on website forum

Maureen keeps a list in her computer

Formatting code change language

Underline words you want to add to the code

Strike through words you want to remove from the code

Reason statements Reason should be based on data when available

o Is there a study that supports your proposed change? Be Clear

o OK to use diagrams and photos if it will make your reason clearero Longer reason statement isn’t always more persuasive

Be Conciseo Keep it short unless it’s a complex issue that has not been discussed

before Focus on what’s persuasive

o “That’s the way we do it” isn’t persuasiveo Anticipate opponents’ arguments, but don’t focus on them, and you

don’t have to mention them Tell the truth

o Don’t distort datao Don’t overstate your case

ICC Code DevelopmentGood “Starter” Issues

Fixing obvious errorso Fixing cross-references might be dealt

with “editorially” – staff discretion -- but they usually ask you to prepare a code change proposal

Resolving conflicts within or between codes Fixing confusing language

o Be careful of unintended consequences (changing intent of original provision)

Example of starter issue

Another starter issue

ICC Code DevelopmentMore “Advanced” Issues

Eliminating unenforceable code requirements Complex issues

o Complexity can be technical or political o Support with data or good reasoning

Examples: o Political issue, like residential fire sprinklerso Adding new requirements, like CO alarmso Confusing or complicated issues, like State

Res Code provisions on protection of cantilevered floors

ICC Code DevelopmentWhat makes for a successful proposal?

Technical merito Consistent with IBC philosophy (not “because that’s

how it was in UBC” or “this is from the Washington State Code”)

Well-written and supported Simple to understand (Committee has limited

time to review loads of proposals)o Deal with one issueo Not too longo Note: if complex issue, try to break it into smaller

proposals• Breaking it up may lead to “chicken and egg” problem,

esp. if parts go to different committees.

Wrap up: WABO TCD wants you (to give us your code

change ideas)! You can make a positive difference in your

community. Let us know if you need help with your code

changes. TCD keeps a meeting schedule on the WABO

website.

Thanks for your participation today and in the future!