State and Local Issues: Codes and Regulations
The original purpose of building codes was to protect public health and safety, but local government agencies have increasingly turned to codes to implement other policies. NAHB’s State and Local Issues Fund (SLIF) supports HBAs as they represent the home building industry during the code making or updating process. HBAs also use SLIF funding to create education programs that inform the public and elected officials about the cost and consequences of new requirements.
Opposing Codes and Bans
HBRA of Illinois
In 2021, the Illinois General Assembly passed, and Gov. Pritzker signed into law, the Clean and Equitable Jobs Act (CEJA), which mandated the Illinois Capital Development Board (CDB) develop a statewide Energy Stretch Code by Dec. 31, 2023. When it became clear that CDB would not meet the deadline, the General Assembly granted a six-month extension to June 30, 2024. SLIF will help home builders continue to oppose the code at CDB, despite some improvements.
Estimated project cost: $80,000-$120,000
Funding request: $20,000
Battling Regulatory Challenges
Southeast Wyoming BA
The city of Cheyenne has faced regulatory challenges with the city council. SLIF will help the Southeast Wyoming Builders Association educate local and state candidates on housing issues, promote the city’s new permitting system and fund local impact studies.
Estimated project cost: $5,000
Funding request: $3,250
Fire Sprinkler Study
New York State Builders Association (NYSBA)
The New York State Builders Association (NYSBA) is preparing to combat a new sprinkler mandate imposed by the NY State Construction Code Council. The HBA is looking to conduct a study to assess the impact of a fire sprinkler system requirement for new homes in New York State and how it would affect affordability, construction costs, and further price homebuyers out of the market.
NYSBA will present the study to the Code Council, distribute it to local associations and use it to educate stakeholders across the state. They will also use SLIF to buy billboard space and advertisements in online publications.
Estimated project cost: $20,000
Requested funding: $15,000
Fighting Against Unlicensed Activity
HBA of South Georgia (HBASG)
The HBA of South Georgia (HBASG) is fighting unlicensed activity and working to ensure that homes being built or bought are from local and reputable licensed contractors who are insured and, hopefully, members of the HBA. To accomplish this, HBASG created a task force and joined forces with the local Valdosta-Lownes Inspections Department. The HBA plans to use SLIF to continue to educate and advertise to the public and those in the housing industry on the current state licensing laws. The local chief building inspector also began identifying individuals in violation and meeting with them to ensure they were aware of the laws and to determine if an investigation should take place.
Estimated project cost: $10,000
Requested funding: $5,000
Educating Consumers about Electrification Mandates
Las Cruces (N.M.) Home Builders Association
The push for electrification in Las Cruces is growing and has the potential to go statewide. The Las Cruces sustainability office has been releasing base code amendment proposal ideas which include requirements for electrification ready infrastructure and EV-chargers or EV-capable requirements. SLIF funds will be used to mount an awareness campaign targeting builders, contractors, and remodelers. The HBA will also hold presentations and create online resources to inform the city’s residents about the cost of these electrical requirements and hire a consultant to develop a strategy for these proposals.
Estimated project cost: $20,000
Fund request: $20,000
Creating a Codes Program in Vermont
Vermont Builders and Remodelers Association (VBRA)
Vermont is updating to the 2023 IECC code and the Public Service Department has issued its final Residential Building Energy Standards (RBES) rules recommendations. There has been no allocation of resources for the training, certification, and oversight needed to ensure compliance. Most municipalities in the state do not have a building department with the capacity to manage, review and inspect energy standards, and no state agency or office designed to interpret, administer, and enforce the standards. With SLIF funding, VBRA plans to engage in a lobbying and communications campaign to pause the adoption of the 2023 RBES code updates and work with the legislature, the Public Service Department, and other stakeholders to create a code program that addresses compliance, inspection, enforcement, and comprehensive builder education.
Estimated project cost: $36,000
Fund request: $20,000
Fighting City of Houston’s Narrow Lot Requirements
Greater Houston Builders Association (GHBA)
The City of Houston is pursuing an update to its Code of Ordinances that would make townhomes more expensive and complicated to build. The proposal bans individual driveways and forces driveways to be shared on narrow lots under 40ft. Additionally, home builders would be required to create alleyways in spaces not maintained by the city, leaving the home owners responsible. SLIF funding supported the association’s efforts as they conducted a postcard and social media campaign that encouraged voters in past city elections to visit GHBA’s webpage and voice concerns on the ordinance to the city council. GHBA also developed informational material and worked with a PR firm to produce a video demonstrating the drawbacks of the proposal. The vote on the ordinance was delayed for months, giving members additional time to prepare for potential changes in the code. GHBA is continuing to meet with elected and appointed officials and is working to negotiate the removal of the most onerous aspects of the ordinance.
Estimated project cost: $40,000
Funding request: $20,000
Addressing staffing, budgetary constraints at the U.S. Army Corps of Engineers Regulatory Branch Norfolk District
HBA of Virginia (Richmond, Va.)
Increased project development and staffing shortages at the U. S. Army Corps of Engineers Norfolk District Regulatory Branch (USACE) has led to a massive backlog of project approvals from regulatory and oversight organizations in Virginia. The HBA of Virginia formed a coalition to seek funding in the federal budget for USACE, specifically to hire additional staff. While coordinating with Virginia’s U.S. Senators, the coalition successfully led to a budget inclusion of an additional $8 million for the USACE’s regulatory program. SLIF funds will support the continuation of the HBA’s efforts to increase funding.
Estimated project cost: $50,000
Funding request: $20,000
Holding Elected Officials Accountable for Codes
Acadian Home Builders Association (Lafayette, La.)
HBA representatives were appointed to a task force to repeal and replace the unified development code. As a result, the “Lafayette Development Code” was adopted. On numerous occasions, not-in-my-backyard (NIMBY) residents and civic groups opposed to land development deals engage their city council members. In response, elected officials are swayed by their constituents and the development community accrues legal fees to overturn their decision. SLIF funding will help support an economic impact study, lead a grassroots campaign and hire a public relations firm to hold elected officials accountable for their decisions.
Estimated project cost: $40,000
Funding request: $20,000
Engaging in the City of Austin CodeNEXT update
HBA of Greater Austin (Texas)
The land development code in Austin has not been updated in 30 years. The HBA engaged its members in the code update called “CodeNEXT.” Public and neighborhood associations also had input on CodeNEXT which influenced city council members and the mayor. The HBA ramped up engagement efforts with CodeNEXT to encourage more and varied housing options, sustainable growth, efficient permitting, and multi-modal mobility that can accommodate the diversity of residential, commercial, cultural and community needs. SLIF funding will help deploy a variety of communication strategies, grassroots engagement, legal counsel and administrative consultants.
Estimated project cost: $500,000
Funding request: $20,000
Home Electrification, Electric Vehicle Charging Installation Mandates
Nevada Home Builders Association
The Nevada legislature passed bill establishing greenhouse gas (GHG) emissions reduction goals and required state agencies to complete a statewide inventory of all GHG emissions in the state. The HBA found that the utility company is charging builders different reimbursement rates for townhomes and electric vehicle charging stations due to the misclassification of townhomes. The interpretation is increasing townhome construction costs. SLIF funding will help the HBA conduct an economic impact study and retain a law firm that specializes in utility law and lobbying.
Estimate project cost: $102,000
Funding request: $20,000
Combatting Mandatory Residential Fire Sprinklers in Delaware
Builders and Remodelers Association of Delaware (BRAD)
A coalition that advocates for fire sprinklers has convinced multiple municipalities to mandate sprinklers in new construction building codes. BRAD is concerned that New Castle County may adopt a fire sprinkler mandate in its building code, which could lead to a statewide mandate. SLIF will help BRAD collect regional data, hire a PR firm, and develop educational materials for elected officials and the public. The association also plans to purchase smoke detectors and distribute them at community events to educate the public on their effectiveness.
Estimated project cost: $20,000
Fund request: $20,000
Fighting the Fire Sprinkler Mandate
Building Industry Association of Hawaii
The Hawaii State Building Code Council considered adopting the 2012 IRC, which mandates the installation of automatic fire sprinklers in one and two-family homes. The BIA led an effort to introduce legislation prohibiting any county from mandating them. This legislation would not only exclude this provision from consideration in state and county codes but would also prohibit fire departments from requiring fire sprinklers in counties as a part of the fire code. With the help of SLIF funding, the BIA will develop an effective public outreach campaign on the issue, its associated costs and reasonable alternatives to automatic fire sprinklers.
Estimated project cost: $60,000
Funding request: $20,000 (NAHB previously approved $10,000. This is an additional request).
Townhome Definition/Fire Sprinklers Issue
HBA of Alabama and Greater Birmingham (Ala.) Association of Home Builders
A city attorney in Alabama issued an opinion that would require the installation of fire sprinklers in new constructed townhomes because in the opinion of the city, a townhouse is not considered a single-family dwelling. The interpretation is based on a state adopted rule that single-family dwellings cannot be an attached. Fire sprinkler systems cost $19,000 per unit to install. The HBAs are teaming up to draft legislation on the state level that will define a single-family dwelling as not limited to “detached” housing. They have contracted with a public relations firm to develop a strategy.
Estimated project cost: $60,000
Funding request: $20,000
