NAHB-Supported Building Codes Bill Introduced in Senate

Sens. John Cornyn (R-Texas) and John Fetterman (D-Pa.) have introduced NAHB-supported legislation that would help jurisdictions preserve local control over the building code adoption process while also encouraging communities to take positive steps to withstand and recover from extreme events.

The Promoting Resilient Buildings Act would improve the resilience of homes at risk of being impacted by natural disasters by allowing more states and local communities to be eligible for the Federal Emergency Management Agency’s (FEMA) Pre-Disaster Mitigation Program.

Companion legislation was introduced in the House last month by Reps. Chuck Edwards (R-N.C.) and Dina Titus (D-Nev.)

The Promoting Resilient Buildings Act addresses an issue that has become a serious concern for local governments and home builders across the country.

In 2018, the Disaster Recovery Reform Act’s pre-disaster hazard mitigation program defined “latest published editions” of building codes to include the latest two published editions of relevant codes, specifications and standards. This definition sunset in October 2023, but this legislation would remove the sunset, permanently codifying the current definition of “latest published editions” for the pre-disaster hazard mitigation program.

Without a definition of “latest published editions” for this program, FEMA will only consider whether a jurisdiction has adopted the very latest editions of building codes. This will put jurisdictions in a difficult position, pressuring the adoption of the very latest building codes without a thorough vetting and amendment process, resulting in costly code changes that do not contribute to meaningful safety and resiliency improvements.