Issue No. 10

State Fire Marshal’s Office Previews New Fire Code:

The State Fire Prevention Code (527 CMR) is about to undergo a transformation. A new code is under development based on the (yet-to-be-released) 2003 edition of NFPA-1. Because previous versions of NFPA-1 have referenced The Life Safety Code (NFPA-101) extensively, and because NFPA-101 contains requirements similar to building codes (egress, fire protection systems, etc.), there is a possibility of future conflicting requirements in the State Building Code and State Fire Prevention Code. Please join us for the September Codes Committee meeting on Wednesday September 18 at 8:30 in the 5th floor conference room of the BSA building (52 Broad Street) for a discussion with guest speaker Timothee Rodrique, Division Director of the Office of the State Fire Marshal, regarding the future of the State Fire Code.

New Codes in Nearby States: New Hampshire

In our June Newsletter we reported that the first New Hampshire statewide building code would become effective in September 2003 and would incorporate the height and area limitations of BOCA-99 into the framework of the International Building Code. Apparently the situation is even more complex than this. Our friend Jerry Tepe who is on the New Hampshire State Building Code Review Board writes as follows:
“September 14, 2002 was thought to be the effective date of the new statewide building code in New Hampshire. The legislation’s sponsor, Representative Robert Clegg (R-Hudson), has made it clear this was the legislative intent. However several state agencies, most notably the Fire Marshall and PUC, have gotten legal opinions that the effective date is September 14, 2003. As of the September 10 meeting of the State Building Code Review Board, the issue is not resolved. In an opposite move, the NH Building Officials Association has advised its members to follow the 2002 effective date. Best advice at this point is to check early in a project with your local building official. If you need review by either the Fire Marshall or the PUC, you will probably need to comply with the current Fire Code and PUC regulations, including specifically the BOCA 1999 Height & Area Table, but can request variances as always.”

NFPA 5000 Building Code Previewed:

Just as the International Code Council (ICC) was ready to announce a spectacular accomplishment in September of 1999, the publication of a single family of coordinated codes for the nation, the National Fire Protection Association (NFPA) upset the apple-cart by announcing the publication of their own building code, to be entitled NFPA 5000. NFPA publishes standards, a Life Safety Code, and an Electrical Code, but this is the first time that the internationally respected fire-safety organization has entered the building code arena. This development was particularly upsetting to the AIA which had fought hard to produce a single model code. Efforts to negotiate between the NFPA and the ICC have yet to suggest any likelihood of compromise, and in the remarkably short period of two years NFPA 5000 has become a reality. While remaining opposed to the publication of a separate building code, the AIA has participated in the development of NFPA 5000 and is monitoring its publication with great interest. In early September seven architects from across the country with backgrounds in code writing, consulting, and enforcement convened for two days in Cincinnati to review and evaluate the new NFPA code. The group identified both strengths and weaknesses of NFPA 5000 and passed along the results of their evaluation to the AIA Codes and Standards Committee.

The publication of NFPA 5000 appears to be a fatal blow to the AIA’s goal of a single building code in the U.S.A., however Dave Collins FAIA who chaired the technical review in Cincinnati reminded those present that, based on the experience of the consolidation of the three model code groups, nothing can be ruled out. One of the great variables in future developments will be the role of the AIA. If AIA encourages its members to actively oppose the adoption of NFPA 5000 the new code could face a long uphill battle, and terms for consolidation with the International Building Code could eventually be reached. However, if NFPA uses its enormous capital and political resources effectively while other interests watch from the sidelines the continued existence of two competing building codes seems guaranteed.

Having invested years in the cause of creating a single building code, what should the AIA do now? To voice your opinion, or for a copy of the Technical Committee report, contact BSA Codes Committee Chair Vernon Woodworth at avw@rwsullivan.com.