Building Codes, Standards, and Regulations: Frequently Asked Questions

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Building Codes, Standards, and Regulations:

Frequently Asked Questions

Updated April 23, 2025

Congressional Research Service

https://crsreports.congress.gov

R47665

SUMMARY

Building Codes, Standards, and Regulations:

Frequently Asked Questions

A building code provides rules and standards for the design, construction, alteration, materials,

maintenance, and performance of buildings. The main purpose of building codes is to

protect public health, safety, and general welfare in the construction and occupancy of buildings.

Building codes are adopted and enforced by state, local, tribal, and territorial (SLTT) entities.

The federal government is responsible for the adoption and enforcement of building codes for

federal buildings, military buildings, and manufactured housing.

R47665

April 23, 2025

Linda R. Rowan,

Coordinator

Analyst in Natural

Resources and Earth

Sciences

In general, building codes do not apply to infrastructure. Infrastructure consists of physical

networks (systems and facilities) that provide functions and services to the community such as electricity and water. Where

infrastructure connects to or runs through a building, some building codes, standards, and regulations may apply to some

components of infrastructure (e.g., electrical wiring, plumbing). For more information about codes, standards, and regulations

specifically for infrastructure, see CRS Report R47666, Infrastructure Codes, Standards, and Regulations: Frequently Asked

Questions.

Historically and most commonly, the federal government and SLTTs have not developed their own building codes but rather

have adopted part or all of model building codes. A model building code is a collection of promulgated criteria and standards

most often developed and maintained by a standards developing organization (SDO) and designed to be adopted by a

jurisdiction. In general, model building codes are updated on a regular basis (e.g., every three years) and some editions may

incorporate additional building performance objectives such as energy efficiency or natural hazards resistance.

Questions about building codes have arisen in the wake of disasters, such as the condominium collapse in Surfside, FL, in

2021, in which 98 people died; the Amazon warehouse collapse in Edwardsville, IL, in December 2021, in which six people

died; and the January 2022 Bronx, NY, apartment fire, in which 17 people died. Some in Congress are interested in

developing and promoting adoption of more efficient, resilient building codes to protect people and property and to avoid

financial loss. A study led by the Federal Emergency Management Agency (FEMA), entitled Building Codes Save: A

Nationwide Study, looked at 18.1 million mostly residential buildings constructed between 2000 and 2016 and estimated the

amount of damage these structures might incur from the three most common hazards: floods, hurricanes, and earthquakes.

FEMA found that about half the buildings (roughly 9.1 million of the 18.1 million in the study) were built to more recent and

resilient model building codes and would avoid losses of approximately $1.6 billion (annualized average in 2020 dollars).

Although SDOs typically lead efforts to enhance codes through regular updates to model building codes and standards, the

federal government has contributed to codes in various ways. Congress has directed federal agencies to help enhance model

building codes and to assist SLTTs in adopting and enforcing enhanced building codes. The National Institute of Standards

and Technology’s building science programs research and develop more resilient design standards that the agency can

propose to SDOs. Accepted proposals are included in the next edition of a model building code. FEMA generally requires

recipients of FEMA funding to comply with applicable building codes when conducting federally funded construction

projects. Given that building performance can be enhanced through more efficient and resilient codes, standards,

certifications, and/or regulations, Congress may consider during its deliberations the current status of SLTTs’ building codes,

model building codes, federal building codes, and other mandatory or voluntary rules and guidelines.

Congressional Research Service

Building Codes, Standards, and Regulations: Frequently Asked Questions

Contents

Introduction ..................................................................................................................................... 1

Building Codes ................................................................................................................................ 2

What Is a Building Code and What Is Its Purpose? .................................................................. 2

What Structural Elements and Design Requirements Do Building Codes Cover? ................... 2

Do Building Codes Apply to Infrastructure? ............................................................................. 3

What Are the Differences Between Building Codes, Standards, and Guidelines? .................... 3

Who Adopts and Enforces Building Codes? ............................................................................. 4

What Is the Role of the Federal Government in Adoption and Enforcement of

Building Codes? ..................................................................................................................... 5

What Federal Laws May Influence Building Codes? ............................................................... 6

What Types of Building Codes Are Adopted and Enforced? .................................................... 7

Model Building Codes..................................................................................................................... 7

What Is a Model Building Code? What Is Its Purpose? ............................................................ 7

What Types of Buildings Are Covered by Model Building Codes?.......................................... 8

What Are Standards Developing Organizations? ...................................................................... 9

What Are the International Code Council Model Building Codes? .......................................... 9

What Are the National Fire Protection Association Model Building Codes? ........................... 9

What Is the Process for Developing, Changing, Adding, or Subtracting Elements to

Model Building Codes? ....................................................................................................... 10

How Does a State or Other Entity Adopt a Model Building Code? .........................................11

Standards ........................................................................................................................................11

What Are Standards? ................................................................................................................11

What Are Minimum Design Load Standards? ........................................................................ 12

What Are Construction Material Standards? ........................................................................... 13

What Hazardous Materials and Substances Are Covered by Standards? ................................ 14

What Natural Hazards Are Covered by Design Load Standards? ........................................... 15

What Natural Hazards Are Covered in the Most Recent Model Building Codes? ................. 16

What State, Local, Tribal, or Territorial Entities Have Adopted Building Codes That

Provide Resistance to Hazards? ........................................................................................... 16

Certifications ................................................................................................................................. 18

What Are Certifications? ......................................................................................................... 18

What Types of Certifications Are Commonly Used in the United States? .............................. 19

Fire Codes...................................................................................................................................... 20

What Are Fire Codes? ............................................................................................................. 20

What Is the Difference Between Building Codes and Fire Codes?......................................... 21

What Are Fire Standards? ....................................................................................................... 22

Who Develops Standards for Fire Safety and Performance? .................................................. 23

Can State, Local, Tribal, or Territorial Entities Require Certain Fire Protections for

Buildings? ............................................................................................................................ 23

How Do State, Local, Tribal, and Territorial Entities Adopt a Fire Code? ............................. 24

Which Model Fire Codes Do State, Local, Tribal, and Territorial Entities Use? .................... 24

Do State, Local, Tribal, and Territorial Entities Update Their Fire Codes? ............................ 24

Do Fire Codes Vary by Building Type? .................................................................................. 24

Are Changes to Fire Codes Retroactive? ................................................................................ 25

Who Enforces Fire Codes? ...................................................................................................... 25

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Building Codes, Standards, and Regulations: Frequently Asked Questions

Building Energy Codes.................................................................................................................. 25

What Are Building Energy Codes? ......................................................................................... 25

What Are Voluntary Building Energy Codes?......................................................................... 26

What Is the Department of Energy’s Role in Building Energy Codes and Standards? ........... 26

Federal Role: Code Requirements ................................................................................................. 27

What Building Codes May Apply to Federal Buildings? ........................................................ 27

What Fire Safety Systems May Apply to Federal Buildings? ................................................. 28

What Building Energy Codes May Apply to Federal Buildings? ........................................... 28

What Building Codes May Apply to Military Buildings and Structures? ............................... 29

What Building Codes Apply to Manufactured Housing? ........................................................ 29

What Energy Efficiency Standards Apply to Manufactured Housing? ................................... 31

What Building Codes Apply to Federal Housing Programs? .................................................. 32

What Building Codes Apply to Federal Mortgage Insurance and Loan Programs? ......... 33

What Building Codes Apply to Federal Grant and Tax Credit Programs? ....................... 33

What Building Codes May Apply to Qualify for the National Flood Insurance

Program? .............................................................................................................................. 35

What Building Codes May Apply for FEMA’s Hazard Mitigation Assistance? ..................... 36

Federal Role: Enhancing Codes .................................................................................................... 37

What Role Does the Federal Government Play in Enhancing Building Performance? .......... 37

What Role Does the Federal Government Play in Tracking Building Code Adoption

and Enforcement? ................................................................................................................ 38

What Role Does the Federal Government Play in Copyright Protection for Standards

Incorporated by Reference? ................................................................................................. 38

What Role Does the Federal Government Play in Strengthening Fire Safety for

Firefighters? ......................................................................................................................... 39

What Role Does the Federal Government Play in Strengthening Energy Efficiency? ........... 39

What Other Safety Systems (Non-Fire) May Apply to Federal Buildings? ...................... 41

What Role Does the Federal Government Play in Strengthening Hazard Resistance

and Resilience? .................................................................................................................... 41

What Role Does the Federal Government Play in Identifying and Assessing Natural

Hazard Risks? ...................................................................................................................... 41

What Role Does the Federal Government Play in Assessing Climate Change Risks to

Buildings? Are There Nonfederal Initiatives? ...................................................................... 47

What Is the Federal Government’s Role in Addressing Indoor Air Quality? .......................... 50

What Is the Federal Flood Risk Management Standard? ........................................................ 50

Figures

Figure 1. Overlap in Building Code and Fire Code in Minnesota ................................................. 22

Figure 2. FEMA Map of Selected Dominant Hazards in the United States .................................. 42

Figure 3. NOAA Billion-Dollar Weather and Climate Disasters Frequency, by State .................. 43

Figure 4. USGS Seismic Hazard Map, 2023 ................................................................................. 44

Figure 5. FEMA National Risk Index............................................................................................ 46

Figure 6. FEMA Community Disaster Resilience Zones Viewer .................................................. 46

Figure 7. Example from Climate Mapping for Resilience and Adaptation Portal......................... 49

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Building Codes, Standards, and Regulations: Frequently Asked Questions

Tables

Table 1. Examples of Material-Specific Standards for Conventional Construction

Materials with Large Market Shares .......................................................................................... 14

Table 2. Hazard-Resistant Code Adoption Statistics, FY2025 (First Quarter) .............................. 17

Table 3. Examples of Green Building Certifications ..................................................................... 19

Table A-1. Abbreviations Used in This Product ............................................................................ 53

Appendixes

Appendix. Abbreviation Table ....................................................................................................... 53

Contacts

Author Information........................................................................................................................ 55

Congressional Research Service

Building Codes, Standards, and Regulations: Frequently Asked Questions

Introduction

Americans on average spend about 90% of their time indoors. They look to the buildings they

occupy to provide safe shelter, offer a healthy indoor environment, and function for the purposes

that the building was constructed (e.g., residential versus commercial functions).1 Standards

developing organizations (SDOs) have developed model building codes, standards, and

regulations in the United States to try to ensure consistent building performance, protect

occupants’ health and safety, and ensure building function.2 Federal, state, local, tribal, and

territorial entities may adopt and enforce all or a portion of model building codes and standards

and may apply them to buildings in their jurisdiction. Federal, state, local, tribal, and territorial

entities may develop their own building codes and standards or may modify model building codes

and standards developed by others and apply them to buildings in their jurisdiction. Thus, there is

no single national building code to which all entities must adhere (except for manufactured

housing, for which there is a national code); instead, entities are able to choose how and which

codes and standards to adopt and enforce.3 As a result, building codes and standards vary by

jurisdiction. Generally, the federal government has jurisdiction over building codes and standards

for federal and military buildings, establishes national manufactured housing construction

standards, and requires buildings to comply with the Americans with Disabilities Act (ADA; P.L.

101-336) of 1990 and the Fair Housing Act of 1968 (P.L. 90-284).

Often, after disasters involving buildings (e.g., building collapse, fire, or failure), officials

examine the building code for their jurisdiction to determine if the code is adequate to protect

people and property. This examination often leads to questions about which building codes are in

place; who is responsible for enforcing the code; who has authority to change, adopt, and enforce

building codes; and what actions the federal government can take to change, adopt, enforce, or

mandate certain model building codes. In some cases, Congress passes federal laws imposing

requirements that may influence model building codes and standards and adopted building codes

and standards. Under authorities provided by Congress, some federal agencies work to enhance

model building codes to improve building performance (e.g., resiliency, efficiency, environmental

impact reduction). For example, federal agencies may incentivize building owners and

communities to adopt enhanced model building codes through financial and technical assistance

for building construction, operation and maintenance, or repair.

This report covers frequently asked questions on codes, standards, and regulations for buildings.

It does not address questions about codes, standards, and regulations of infrastructure, such as

energy facilities, communication networks, or dams.4 This report also addresses questions about

how some laws passed by Congress and some implementation of legislation by federal agencies

impact building codes throughout the United States.

1 Environmental Protection Agency (EPA), “Indoor Air Quality,” https://www.epa.gov/report-environment/indoor-air-

quality.

2 Jim Rossberg and Roberto T. Leon, Evolution of Codes in the USA, 2013, https://www.nehrp.gov/pdf/

UJNR_2013_Rossberg_Manuscript.pdf.

3 See “What Building Codes Apply to Manufactured Housing?” for more information about how the national code may

be guided or may refer to other model codes and standards.

4 For more information about codes, standards, and regulations specifically for infrastructure, see CRS Report R47666,

Infrastructure Codes, Standards, and Regulations: Frequently Asked Questions, coordinated by Linda R. Rowan.

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Building Codes, Standards, and Regulations: Frequently Asked Questions

Building Codes

What Is a Building Code and What Is Its Purpose?

A building code is a set of regulations governing the design, construction, alteration, and

maintenance of structures and equipment. Building codes specify how buildings and equipment

must be constructed or perform and are written in mandatory, enforceable language.5 Building

code is defined in federal statute (42 U.S.C. §6832(3)) as “a legal instrument which is in effect in

a State or unit of general purpose local government, the provisions of which must be adhered to if

a building is to be considered to be in conformance with law and suitable for occupancy and

use.”6

The main purpose of building codes is to protect public health, safety, and general welfare as the

codes relate to the construction and occupancy of buildings.7 The rules for design, construction,

alteration, materials, maintenance, and performance of buildings ensure a minimum level of

safety, public health, and welfare. Architects, builders, owners, or others must ensure buildings

conform to a building code (i.e., minimum requirements for the design, construction, alteration,

materials, maintenance, and performance of buildings) to obtain planning permission, usually

from a local entity. A building code becomes law of a particular jurisdiction when

formally enacted by an authority having jurisdiction or private authority. Jurisdictions officially

adopt codes and establish enforcement measures to ensure official building codes are followed.

What Structural Elements and Design Requirements Do Building

Codes Cover?

Building codes generally cover the following structural elements and design requirements:8

•

•

Standards for structure, placement, size, usage, wall assemblies, arrangement of

doors and windows, size/locations, egress rules, size/location of rooms,

foundations, floor assemblies, roof structures/assemblies, energy efficiency,

stairways and hallways, mechanical, electrical, plumbing, site drainage and

storage, appliance, lighting, fixtures standards, occupancy rules, and swimming

pool regulations

Rules regarding parking and traffic impact

5 Department of Energy (DOE), Building Science Education, “Codes and Standards,” https://bsesc.energy.gov/training-

modules/codes-and-standards; and National Institute of Standards and Technology (NIST), “Understanding Building

Codes,” https://www.nist.gov/buildings-construction/understanding-building-codes.

6 Section 303 of the Energy Conservation and Production Act (P.L. 94-385, as amended) (42 U.S.C. §6832(3)).

7 Federal Emergency Management Agency (FEMA), Building Codes Adoption Playbook for Authorities Having

Jurisdiction, FEMA P-2196, November 2024, https://www.fema.gov/sites/default/files/documents/fema_buildingcodes-adoption-playbook-for-authorities-having-jurisdiction.pdf (hereinafter, FEMA, Building Codes Adoption, 2024).

The 10th Amendment of the U.S. Constitution gives states the right to legislate for the protection of the public health,

safety, and welfare. States may pass laws such as building codes and have the authority to enact and enforce these

codes. A state may delegate a portion of its authority to local governments, such that local governments can enact and

enforce building codes. Council of American Building Officials, An Introduction to Model Codes, April 1997,

https://certi.us/Downloads/RRNC/Sample_Ordinances/Model_Bldg_codes.pdf.

8 Francis D. K. Ching and Steven R. Winkel, Building Codes Illustrated: A Guide to Understanding the 2021

International Building Code, 7th edition (Hoboken, New Jersey: John Wiley and Sons, Inc., 2021).

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Building Codes, Standards, and Regulations: Frequently Asked Questions

•

•

•

•

•

•

•

•

•

Fire code rules to minimize the risk of a fire and ensure safe evacuation in the

event of a fire

Requirements for earthquake, hurricane, flood, and other hazard resistance,

where appropriate

Requirements for specific building uses (e.g., storage of flammable substances,

large apartment buildings)

Provisions for energy consumption

Specifications on components

Allowable installation methodologies

Standards for minimum and maximum room ceiling heights, exit sizes, and

locations

Qualification requirements of individuals or corporations doing the work

For high structures, anti-collision markers for the benefit of aircraft

Building codes are generally separate from zoning ordinances. Exterior restrictions (such as

setbacks) may fall into either category, depending on the jurisdiction and its rules.9

Building departments may review building design plans and issue permits before construction or

renovations, and inspectors may verify compliance to these codes and standards after construction

has begun. Some building codes cover only new construction, whereas other codes also may

cover specified renovations and/or existing buildings.

Do Building Codes Apply to Infrastructure?

In general, SLTT building codes and model building codes do not apply to infrastructure. For

purposes of this report, infrastructure consists of physical networks (systems and facilities) that

provide functions and services to a community.10 Where infrastructure connects to or runs through

a building, some building codes and standards may apply to some components of infrastructure.

For example, electrical, plumbing, parking, and building access have building codes and

standards, because these components are part of the building structure.

Some definitions of infrastructure include buildings, but this report does not. For information

about codes, standards, and regulations for infrastructure, see CRS Report R47666, Infrastructure

Codes, Standards, and Regulations: Frequently Asked Questions.

What Are the Differences Between Building Codes, Standards, and

Guidelines?

Building codes are a set of requirements for the design, construction, operation, and maintenance

of new or existing buildings that are officially adopted and may be enforced by a jurisdiction.

Standards are technical criteria on a specific topic, such as a material composition, the size of a

water pipe, or a structure’s load capacity. Standards may be a component of building codes or

independent of a building code. The National Institute of Standards and Technology (NIST)

9 Setbacks are vertical heights or horizontal distances used to keep development out of harm’s way. According to

FEMA, setback standards establish minimum distances that structures must be positioned (or set back) from river

channels and coastal shorelines. FEMA, “Setback,” https://www.fema.gov/glossary/setback.

10 NIST, Community Resilience Planning Guide for Buildings and Infrastructure Systems, NIST SP 1190GB-16,

October 2020, p. 3, https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.1190GB-16.pdf.

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Building Codes, Standards, and Regulations: Frequently Asked Questions

describes standards as the building blocks of building codes, whereas the Department of Energy

(DOE) couples building codes and standards into a single term, energy codes.11 The National Fire

Protection Association describes a code as a set of rules (i.e., what you need to do) and a standard

as a detailed elaboration of the rules (i.e., how you need to do it).12 Guidelines may be developed

on topics to provide additional clarity or guidance. Guidelines are generally written in

nonmandatory language for education and guidance and are not for adoption as a standard or

component of a building code.13 In addition to these differences between codes, standards, and

guidelines, various organizations use different procedures to develop and revise their codes,

standards, and guidelines (see “Model Building Codes,” “Standards,” and “Certifications”

sections).14

Who Adopts and Enforces Building Codes?

State, local, tribal, and territorial entities (SLTTs) may be responsible for adopting and/or

enforcing building codes and related standards.15 A state may adopt a set of building codes for the

entire state. In some cases, local entities are required to adopt the statewide codes; in other cases,

local entities may adopt other codes, may develop their own codes, or may not adopt any codes.

Similarly, federally recognized Tribes (hereinafter Tribes) may enact tribal codes, including

building codes, governing activities within their jurisdiction.16 Tribes may adopt nationally

recognized model building codes or state and local government building codes, or they may

develop their own building codes.17 Each Tribe has its own land use, building, and zoning

needs.18 For example, a Tribe may want to consider how a tribal building code incorporates its

unique social and cultural values. As a result, the tribal code development process is often

expensive and time-consuming.19 As of 2023, most Tribes had not adopted building codes.20

11 DOE, Building Science Education, “Codes and Standards,” https://bsesc.energy.gov/training-modules/codes-and-

standards; and NIST, “Understanding Building Codes,” https://www.nist.gov/buildings-construction/understandingbuilding-codes.

12 National Fire Protection Association (NFPA), “Reporter’s Guide: About Codes and Standards,”

https://www.nfpa.org/News-and-Research/Publications-and-media/Press-Room/Reporters-Guide-to-Fire-and-NFPA/

About-codes-and-standards.

13 International Code Council (ICC), Introduction to the Code Council’s Regulatory Publications and Support

Documents, https://www.iccsafe.org/wp-content/uploads/2221040_CORP_Intro_to_Regulatory_Docs_FLR_FINAL_HIRES.pdf.

14 Consensus means that decisions are reached through consensus among those affected. American National Standards

Institute (ANSI), United States Standards Strategy, 2020, https://share.ansi.org/Shared%20Documents/

Standards%20Activities/NSSC/USSS-2020/USSS-2020-Edition.pdf, p. 2. For example, the ICC uses a governmentalconsensus process to revise or develop codes and an ANSI consensus process to revise and develop standards. ICC,

Introduction to the Code Council’s Regulatory Publications and Support Documents, https://www.iccsafe.org/wpcontent/uploads/22-21040_CORP_Intro_to_Regulatory_Docs_FLR_FINAL_HIRES.pdf.

15 FEMA, “Nationwide Building Code Adoption Tracking,” https://www.fema.gov/emergency-managers/riskmanagement/building-science/bcat.

16 A federally recognized Tribe is an entity recognized as having a government-to-government relationship with the

United States (25 C.F.R. §83). For a searchable database of tribal codes, see National Indian Law Library,

“Researching Tribal Codes and Constitutions,” https://www.narf.org/nill/triballaw/codes.html.

17 In some cases, Tribes may use their own codes to qualify for federal programs.

18 Department of Housing and Urban Development (HUD) and Department of the Treasury, One-Stop Mortgage Center

Initiative in Indian Country: A Report to the President, p. 45, https://www.huduser.gov/publications/pdf/onestop.pdf

(hereinafter, HUD, One-Stop Mortgage Center Initiative).

19 HUD, One-Stop Mortgage Center Initiative, p. 45.

20 EPA, “Tribal Green Building Toolkit,” p. 3, https://www.epa.gov/green-building-tools-tribes/tribal-green-buildingtoolkit.

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Building Codes, Standards, and Regulations: Frequently Asked Questions

Building departments at the state, local, tribal, or territorial level are most often responsible for

adopting and enforcing building codes and standards. Other agencies that are responsible for

zoning, land use, and other aspects of the built environment may be involved in the adoption or

enforcement of building codes and standards, especially when considering the location of and/or

access to a structure. In general, SLTT building departments enforce their building codes through

an application, permit, and inspection process for new construction or remodel/repair

construction. A builder or relevant professional applies for a permit by describing the

construction, and the building department approves or disapproves the permit. Then, for approved

permits, the construction is inspected during or after construction. Some construction projects

require multiple inspections at different times during construction. Once construction is complete,

additional inspections, especially related to fire safety codes, may be required throughout the

lifecycle of the building to check on the operation and maintenance of building safety features. 21

What Is the Role of the Federal Government in Adoption and

Enforcement of Building Codes?

The federal government historically has had limited involvement in the adoption or enforcement

of building codes by SLTT jurisdictions. Some examples of federal involvement include the

following:

•

•

•

•

•

Establishment of national manufactured housing construction standards (see

“What Building Codes Apply to Manufactured Housing?” section)22

Implementation of regulatory requirements that certain consensus-based model

building codes be followed

Imposition of building codes and standards for federal public buildings and

military buildings (see “What Building Codes May Apply to Federal Buildings?”

section and “What Building Codes May Apply to Military Buildings and

Structures?”)23

Establishment of requirements tied to certain federal grants and loan agreements

(see “Federal Role: Code Requirements” section)24

Enactment of statutory requirements that directly or indirectly affect state and

local building codes (see “What Federal Laws May Influence Building Codes?”

section)

Additionally, Congress has directed federal agencies to provide technical assistance to SLTTs to

help entities adopt and enforce the latest edition of any nationally recognized model building

codes. The objective of this assistance is to improve building performance in terms of energy

efficiency and conservation and hazard-resistance and resilience, as well as to reduce the impact

of buildings on the environment (see “Federal Role: Enhancing Codes” section).

21 Tara Lukasik, “Bring on Building Safety: Code Enforcement Explained,” Building Safety Journal, ICC, April 30,

2018, https://www.iccsafe.org/building-safety-journal/bsj-dives/bring-on-building-safety-code-enforcement-explained/.

22 A uniform standard reduces the costs and burdens to manufacturers of ensuring compliance with multiple different

codes, since manufactured homes constructed in one state may be shipped to other states to be installed.

23 For example, federal entities are required to construct new buildings or alter existing buildings (owned or leased)

using the latest edition of one of the “nationally recognized model building codes” (40 U.S.C. §3312).

24 For example, FEMA may grant funding to jurisdictions to adopt and enforce the “latest published editions of relevant

consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs” (42 U.S.C.

§5172(e)(1)(A)).

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Building Codes, Standards, and Regulations: Frequently Asked Questions

What Federal Laws May Influence Building Codes?

Some federal laws impose standards that may influence model building codes and the building

codes that are adopted by SLTTs. For example, the Americans with Disabilities Act (ADA, P.L.

101-336) of 1990 and the Fair Housing Act of 1968 (P.L. 90-284) impact codes and standards.

The ADA generally requires public buildings to be accessible to persons with disabilities.25 The

U.S. Access Board administers the 2010 ADA Standards for Accessible Design, and the

Department of Justice (DOJ)—and, in some cases, the Department of Transportation—are

empowered to issue regulations to implement the ADA.26 The ADA’s design standards are

primarily enforced by DOJ.

The Fair Housing Act, as amended, requires most residential complexes of four or more dwelling

units constructed after March 13, 1991, to be adaptable for use by persons with disabilities. In

addition, it requires communal and public use portions of the buildings to be accessible to and

usable for individuals with disabilities.27 The Department of Housing and Urban Development

(HUD) has published technical guidance and a design manual for designing covered multifamily

dwellings in accordance with the Fair Housing Act.28 Buildings meeting the design manual’s

standards serve as HUD-recognized safe harbors for compliance with the law. HUD regulations

incorporate by reference various editions of model building codes for accessible and usable

buildings (see “Model Building Codes” section).29

In response to a congressional directive,30 in March 2000, HUD published in the Federal Register

a review of model building codes intended to identify variances between the selected codes and

the design and construction requirements of the Fair Housing Act.31 In its review, HUD found that

the model building codes it reviewed reflected most of the technical requirements of the Fair

Housing Act and identified areas where the codes need to be revised to ensure consistency with

the act. The Fair Housing Act can be enforced by HUD and DOJ or through private litigation.

25 CRS In Focus IF12227, The Americans with Disabilities Act: A Brief Overview, by Abigail A. Graber.

26 The 2010 ADA Standards for Accessible Design set minimum requirements—both scoping and technical—for newly

designed and constructed or altered State and local government facilities, public accommodations, and commercial

facilities to be readily accessible to and usable by individuals with disabilities. See ADA.gov, “2010 ADA Standards

for Accessible Design,” https://www.ada.gov/law-and-regs/design-standards/2010-stds/. U.S. Access Board,

“Americans with Disabilities Act,” https://www.access-board.gov/ada/.

27 42 U.S.C. §3604(f)(3). See also CRS Report 95-710, The Fair Housing Act (FHA): A Legal Overview, by David H.

Carpenter.

28 HUD, “Final Fair Housing Accessibility Guidelines,” 56 Federal Register 9472, March 6, 1991; HUD, “Supplement

to Notice of Fair Housing Accessibility Guidelines: Questions and Answers About the Guidelines,” 59 Federal

Register 33362, June 24, 1994; and HUD, Fair Housing Act Design Manual: A Manual to Assist Designers and

Builders in Meeting the Accessibility Requirements of the Fair Housing Act, revised April 1998,

https://www.huduser.gov/portal/publications/PDF/FAIRHOUSING/fairfull.pdf.

29 24 C.F.R. 100.205(e). For example, the ICC Accessible and Usable Buildings and Facilities standards satisfy the Fair

Housing Act’s adaptable design requirements. By reference generally means that a certain number of copies (typically

one) of the codes or standards must be maintained by a government entity (typically a printed copy available at one or

more specified building department offices). See for example, UT Municipal Technical Advisory, “Building Codes

Adopted by Reference,” https://www.mtas.tennessee.edu/reference/adopting-building-codes-reference. See 24 C.F.R.

§3280.4 for how HUD incorporates by reference.

30 U.S. Congress, House Committee on Appropriations, Report Accompanying Departments of Veterans Affairs and

Housing and Urban Development, and Independent Agencies Appropriations Bill, 2000, 106th Cong., 1st sess., H.Rept.

106-286, December 31, 1999.

31 HUD, “Final Report of HUD Review of Model Building Codes,” 65 Federal Register 15739, March 23, 2000.

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Building Codes, Standards, and Regulations: Frequently Asked Questions

What Types of Building Codes Are Adopted and Enforced?

SLTTs may develop and adopt their own building codes or may adopt part or all of model

building codes (see “Model Building Codes” section). According to FEMA and some other

federal agencies, the commonly adopted and enforced (in part or entirely) model building codes

are those from the International Code Council (ICC) and the National Fire Protection Association

(NFPA; see “Federal Role: Enhancing Codes” section). The ICC suite of model codes includes

building energy codes and fire codes, whereas the NFPA suite of model codes includes fire codes

(see “Fire Codes” and “Building Energy Codes” sections).

Some federal statutes or requirements that mention building codes require use of the latest edition

of any nationally recognized model building codes or the most recent edition of any relevant,

consensus-based model building codes (see “Federal Role: Code Requirements” section).32 In

general, the ICC and the NFPA model building codes are nationally recognized and consensusbased.

Building codes adopted and enforced by SLTT jurisdictions vary. FEMA tracks building codes in

use by communities and notes that some of these codes include hazard resistant design elements,

which may improve a building’s ability to withstand a disaster.33 Various SLTT jurisdictions may

adopt and enforce building energy codes for energy efficiency and conservation for commercial

and residential buildings. DOE tracks energy codes in use by states (see “Building Energy Codes”

section).34 In addition to federal agencies, third-party organizations (e.g., ICC Code Adoptions, a

searchable platform for building codes for jurisdictions in the United States and other countries)

track the building codes adopted and enforced by SLTTs.35

Model Building Codes

What Is a Model Building Code? What Is Its Purpose?

A model building code is a collection of promulgated criteria and standards that is developed and

maintained by a standards developing organization independent of a jurisdiction responsible for

adopting and enforcing any building codes.36 Model building codes provide codes and standards

for building design, construction, alteration, materials, maintenance, and performance to provide

a minimum level of safety, public health, and welfare (see “Standards” section). Critical

structures such as hospitals may have additional requirements beyond these minimum levels, such

as protecting occupancy and function in an emergency (e.g., requiring a generator to protect from

32 For example, federal entities are required to construct new buildings or alter existing buildings (owned or leased)

using the latest edition of one of the “nationally recognized model building codes” (40 U.S.C. §3312). In another

example, FEMA may grant funding to communities to adopt and enforce the “latest published editions of relevant

consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs” (42 U.S.C.

§5172(e)(1)(A)).

33 According to FEMA, model building codes refer to minimum design provisions and practices established by

nationally recognized standards developing organizations (SDOs). FEMA, “Nationwide Building Code Adoption

Tracking,” https://www.fema.gov/emergency-managers/risk-management/building-science/bcat. See also FEMA,

Building Codes Adoption, 2024.

34 Office of Energy Efficiency and Renewable Energy, “Building Energy Codes Program,”

https://www.energycodes.gov/.

35 ICC, “Code Adoptions,” https://www.iccsafe.org/adoptions/global-codes.

36 National Research Council, Use of Building Codes in Federal Agency Construction, National Academies Press,

1989, https://doi.org/10.17226/1385, p. 4 and NIST, “Understanding Building Codes,” https://www.nist.gov/buildingsconstruction/understanding-building-codes.

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Building Codes, Standards, and Regulations: Frequently Asked Questions

a power outage).37 Increasingly, model building codes may go beyond safety, health, and welfare

to enhance resilience to natural hazards and other impacts.38 A jurisdiction may officially adopt

model building codes in part or in whole.39 In addition, model building codes may be used in

voluntary compliance programs, by the insurance industry to estimate and manage risk, in the

certification of buildings or construction-related products, for facilities management, as best

practices benchmarks, in education, or as reference works.40

Some federal statutes mentioning building codes require use of the latest edition of any nationally

recognized model codes or the most recent edition of any relevant, consensus-based model

codes.41 The approach to codes and standards development in the United States is unique—in

many countries, a ministry or government agency sets national building codes and standards.42

The most nationally recognized and commonly used model building codes in the United States

are from two SDOs, the International Code Council and the National Fire Protection

Association.43

What Types of Buildings Are Covered by Model Building Codes?

The International Code Council publishes 15 model building codes to cover different types of

buildings and different components of buildings. There are two types of buildings covered by the

primary ICC codes:

1. Commercial, industrial, educational, government, and larger residential

structures, such as apartment buildings, are covered by the International Building

Code (IBC) for new construction and the International Existing Building Code

(IEBC) for repair, alteration, addition, or change of occupancy for existing

buildings.

2. One- and two-family dwellings and townhouses not more than three stories

above grade are covered by the International Residential Code (IRC).

Residential buildings as defined by IRC account for about 85% of the building stock in the United

States.44

37 See “Standards” section for a definition of critical structures based on risk categories.

38 NIST, Community Resilience Planning Guide for Buildings and Infrastructure Systems, Volume II, NIST Special

Publication 1190, 2016, pp. 54-62, at doi: 10.6028/NIST.SP.1190v2 (hereinafter, NIST, Resilience Guide II).

39 NIST, Resilience Guide II, p. 54.

40 ICC, “Introduction to the Code Council’s Regulatory Publications and Support Documents,”

https://www.iccsafe.org/wp-content/uploads/22-21040_CORP_Intro_to_Regulatory_Docs_FLR_FINAL_HIRES.pdf.

41 For example, federal entities are required to construct new buildings or alter existing buildings (owned or leased)

using the latest edition of one of the “nationally recognized model building codes” (40 U.S.C. §3312) and FEMA may

grant funding to communities to adopt and enforce the “latest published editions of relevant consensus-based codes,

specifications, and standards that incorporate the latest hazard-resistant designs” (42 U.S.C. §5172(e)(1)(A)).

42 For a 2016 list of other countries that have national building codes, see FM Global, “FM Global Country Building

Codes Index,” May 2016, https://www.fmglobal.com/~/media/Files/FMGlobal/Resilience%20Index/P15105.pdf.

43 ICC, “Building Confidence, Building Community,” https://www.iccsafe.org/; ICC, “Code Adoptions,”

https://www.iccsafe.org/adoptions/global-codes; and NFPA.org, “The National Fire Protection Association,”

https://www.nfpa.org/.

44 ICC, “Overview of the International Residential Code (IRC),” https://www.iccsafe.org/products-and-services/icodes/2018-i-codes/irc/. Building Codes Save: A Nationwide Study of Loss Prevention, November 2020,

https://www.fema.gov/emergency-managers/risk-management/building-science/building-codes-save-study (hereinafter,

FEMA, Building Codes Save, 2020).

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Building Codes, Standards, and Regulations: Frequently Asked Questions

What Are Standards Developing Organizations?

Standards developing organizations are independent organizations in the United States standards

development system. Most SDOs are private-sector, not-for-profit organizations and typically

receive funding through membership dues, publication sales, and/or certification services. The

International Code Council and National Fire Protection Association are SDOs. Each SDO has

the autonomy to decide which standards to develop, to set policies, and to pursue American

National Standards Institute (ANSI) accreditation and approval. Unlike other national standard

bodies, ANSI does not have the authority to assign specific SDOs to develop specific standards.45

Each SDO identifies and reacts to market needs as it sees fit. According to ANSI, most SDOs in

the United States operate in an open, transparent, balanced, consensus-based model with due

process for dissenting opinions.46

What Are the International Code Council Model Building Codes?

The International Code Council develops and maintains a suite of model building codes in

support of the organization’s objectives for building safety and fire prevention.47 Federal agencies

describe the ICC codes as nationally recognized model building codes because they are

commonly used model codes in the United States. The ICC publishes 15 model building codes,

sometimes called I-Codes, including the International Building Code for new construction, the

International Energy Conservation Code, the International Existing Building Code, the

International Fire Code, the International Fuel Gas Code, the International Green Construction

Code, the International Mechanical Code, the ICC Performance Code for performance-based

design elements, the International Plumbing Code, the International Private Sewage Disposal

Code, the International Property Maintenance Code, the International Residential Code, the

International Swimming Pool and Spa Code, the International Wildland Urban Interface Code,

and the International Zoning Code. The ICC updates its codes every three years.

What Are the National Fire Protection Association Model

Building Codes?

The National Fire Protection Association is a global self-funded nonprofit organization

established in 1896 that is devoted to eliminating death and injury, property, and economic loss

due to fire, electrical, and related hazards.48 The NFPA publishes more than 300 codes and

standards intended to minimize the possibility and effects of fire and other risks (see “Fire Codes”

section).49

45 ANSI, “We Facilitate Standardization Solutions,” https://ansi.org/.

46 ANSI, “U.S. Standards System: SDOs (Private Sector),” https://www.standardsportal.org/usa_en/standards_system/

sdo_private.aspx.

47 ICC, “Codes and Standards,” https://www.iccsafe.org/products-and-services/codes-standards/. The ICC, established

in 1994 to provide “a single set of national model construction codes,” is now the “largest international organization of

building safety professionals,” with model codes and standards in use in more than 100 countries. The ICC originated

in the United States from the merger of three different organizations that had developed three separate sets of model

codes used in different regions of the country before 1994: Building Officials and Code Administrators International,

Inc. (BOCA); International Conference of Building Officials (ICBO); and Southern Building Code Congress

International, Inc. (SBCCI). ICC, “Who We Are,” https://www.iccsafe.org/about/who-we-are/.

48 NFPA.org, “NFPA Overview,” https://www.nfpa.org/overview.

49 For a list of NFPA codes, see NFPA.org, “List of NFPA Codes & Standards,” https://www.nfpa.org/Codes-andStandards/All-Codes-and-Standards/List-of-Codes-and-Standards.

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Building Codes, Standards, and Regulations: Frequently Asked Questions

What Is the Process for Developing, Changing, Adding, or

Subtracting Elements to Model Building Codes?

Most organizations follow a consensus-based process for developing, changing, adding, or

subtracting elements from model building codes. Federal agencies may offer code proposals and

may take part in the consensus-based process. Below is an example of the International Code

Council’s process.

The ICC publishes 15 model building codes and develops or updates codes through a

governmental consensus process. The ICC updates established codes every three years. The

governmental consensus process meets the principles defined by the American National

Standards Institute, United States Standards Strategy (USSS); the Office of Management and

Budget (OMB) Circular A-119, “Federal Participation in the Development and Use of Voluntary

Consensus Standards and in Conformity Assessment Activities,” and the National Technology

Transfer and Advancement Act of 1995 (P.L. 104-113).50

The ICC model building code governmental consensus process begins with the ICC establishing

code development committees.51 Committee members represent general (government) interests,

user interests, and producer interests.52 Anyone can make a public comment or submit code

change proposals, which are assigned to specific code development committees. The ICC

describes the next steps as consensus. At committee action hearings, committee members vote to

approve, approve with modifications, or disapprove a code change proposal. A simple majority

from the committee decides the action on the proposal. After each committee action hearing, a

public comment submission and review process provides an opportunity for participants to testify

before the committee in support of or opposition to proposed code change.53 A public comment

hearing allows participants to discuss and eligible voters to vote on proposed changes to codes

brought forward by the committee action hearings process.54 ICC describes the last step in the

code development process as the online governmental consensus vote. Following the public

comment hearing, eligible voters vote online on the individual changes discussed at the public

comment hearing. The final vote count combines the in-person public comment hearing and

online votes. The validation committee reviews and the ICC Board of Directors confirms the final

results.

50 ANSI, “United States Standards Strategy,” https://www.ansi.org/resource-center/publications-subscriptions/usss#;

Office of Management and Budget (OMB), “Circular No. A-119 : Federal Participation in the Development and Use of

Voluntary Consensus Standards and in Conformity Assessment Activities,” January 27, 2016, https://omb.report/icr/

202201-1018-001/doc/117991100 (hereinafter, OMB, Circular No. A-119); and ICC, “The Code Development

Process,” https://www.iccsafe.org/products-and-services/i-codes/code-development/.

51 ICC, “The Code Development Process,” https://www.iccsafe.org/products-and-services/i-codes/code-development/.

52 General interests include government regulatory agencies; user interests include building owners, designers,

insurance companies, private inspection agencies and academics; and producer interests include builders, contractors,

manufacturers, and distributors.

53 ICC has added a second committee action hearing and public comment and review process to its code development

procedure for the 2027 editions of the ICC codes. ICC, ICC Code Development Process How It Works,

https://www.iccsafe.org/wp-content/uploads/ICC-CDP-How-It-Works.pdf.

54 Eligible voters include regulators serving in a governmental unit, department, or agency engaged in the

administration, formulation, implementation or enforcement of laws, ordinances, rules, or regulations relating to the

public health, safety, and welfare and honorary members. ICC, ICC Code Development Process How It Works,

https://www.iccsafe.org/wp-content/uploads/ICC-CDP-How-It-Works.pdf.

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Building Codes, Standards, and Regulations: Frequently Asked Questions

How Does a State or Other Entity Adopt a Model Building Code?

SLTTs may select and adopt part of or an entire model building code through ordinance to

become legally enforceable in accordance with SLTT laws and regulations. SLTTs may develop

their own codes through ordinance. In some cases, states select and adopt a model building code

or part of a model building code for the entire state. Localities may adopt different model

building codes and/or develop their own codes and standards to adopt, depending on state

requirements. If a state has adopted and enforces a minimum building code and standards

requirement for the entire state, then every locality must meet or in some cases may exceed the

minimum building code and standards.

Standards

What Are Standards?

A standard is a set of guidelines and criteria against which a product can be judged.55 OMB

Circular A-119 defines standards to include the common and repeated use of rules, conditions,

guidelines, or characteristics for products or related processes and production methods.56

Common standards related to building practices are created through consensus processes by

organizations such as the American National Standards Institute; ASTM International; and

American Society of Heating, Refrigerating and Air-Conditioning Engineers.57 The International

Organization for Standardization (ISO) governs standards and certifications by defining and

developing worldwide standards that frequently become law or form the basis of industry norms.

ISO defines a standard as “a document, established by consensus, approved by a recognized body

that provides for common and repeated use as rules, guidelines, or characteristics for activities or

their results.”58

Requirements found in standards may either be prescriptive (identifying methods of achievement)

or performance based (stating expectations of end results).59 Prescriptive design is used in most

building codes and prescribes the design criteria (e.g., the maximum stud spacing on the first

floor of a two-story house). Performance-based design sets the criteria based on the performance

of the building element (e.g., the compressive stress of the lumber may not exceed some

maximum value for the floor). Consensus-based standards developed through a formal, voluntary

consensus process that is exemplified by open and due process may have immediate acceptance,

government support, or international influence.

The National Technology Transfer and Advancement Act of 1995 (NTTAA; P.L. 104-113, 15

U.S.C. §272(b)); OMB Circular A-119; and other federal laws, regulations, and international

agreements guide the federal role in the development and use of standards and conformity

55 Whole Building Design Guide, “Green Building Standards and Certification Systems,” https://www.wbdg.org/

resources/green-building-standards-and-certification-systems.

56 OMB, Circular A-119.

57 ANSI, “American National Standards Institute,” https://www.ansi.org/; American Society for Testing and Materials

(ASTM), “ASTM International,” https://www.astm.org/; and American Society of Heating, Refrigerating, and AirConditioning Engineers (ASHRAE), “ASHRAE,” https://www.ashrae.org/; and International Organization for

Standardization (ISO), “ISO,” https://www.iso.org/home.html.

58 ISO and IEC, Standardization and related activities—General vocabulary, 2004, https://www.iso.org/files/live/sites/

isoorg/files/archive/pdf/en/iso_iec_guide_2_2004.pdf.

59 Siamak Sattar et al., Research Needs to Support Immediate Occupancy Building Performance Objective Following

Natural Hazard Events, NIST, NIST Special Publication 1224, August 2018, https://doi.org/10.6028/NIST.SP.1224.

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assessments.60 NTTAA directs federal agencies to adopt voluntary consensus standards wherever

possible (avoiding development of unique government standards) and establishes reporting

requirements. NTTAA directs NIST to “determine properties of building materials and structural

elements, and encourage their standardization and most effective use” (15 U.S.C. §272(c)(17)).

What Are Minimum Design Load Standards?

Minimum design load refers to the minimum hazard intensity that a building should be able to

withstand without impacting building life safety or, for critical buildings such as hospitals,

without impacting occupancy and function. For example, a minimum design load may be a wind

speed of 100 miles per hour that a two-story house should be able to withstand without damage or

collapse that would impact the safety of the building inhabitants. A building could be designed to

withstand a higher wind speed event; the code specifies only a minimum wind speed (i.e.,

minimum design load).

The American Society of Civil Engineers (ASCE) established and updates commonly used

minimum design standards for hazards in the United States. The International Code Council

model building codes reference many of the ASCE standards. The ASCE’s Structural Engineering

Institute (SEI) has developed standards for hazard load(s) (e.g., snow, wind, seismic loads) for

general design construction called Minimum Design Loads and Associated Criteria for Buildings

and Other Structures (ASCE 7).61 The latest edition, from 2022 (ASCE 7-22), includes minimum

design load standards for tornado winds, new flood load provisions to protect against 500-year

flood events, and a new requirement for relative sea level change as it relates to an individual

structure.62

The ASCE 7 provides minimum design loads for a building based on the building’s assigned risk

category.63 The four categories are as follows:

•

•

•

•

Risk Category I: Buildings that pose a low risk to human life in the event of

failure (e.g., storage facilities, barns)

Risk Category II: All buildings except those classified as Risk Categories I, III,

and IV (e.g., includes most commercial and residential buildings)

Risk Category III: Buildings designed to accommodate a high number of

occupants, potentially posing substantial risk to human life in the event of failure

(e.g., schools, theatres)

Risk Category IV: Buildings classified as essential facilities, the failure of

which could pose substantial hazard to the community (e.g., hospitals).

ASCE publishes a Flood Resistant Design and Construction (ASCE/SEI 24) standard for flood

loads for new and substantially improved buildings (and structures) constructed in flood hazard

areas, with provisions for coastal and inland flood considerations as well as erodible soils.

60 NIST, Standards.Gov, “What We Do,” https://www.nist.gov/standardsgov/what-we-do; and OMB, Circular A-119.

61 American Society of Civil Engineers (ASCE), “ASCE 7,” https://www.asce.org/publications-and-news/asce-7. The

ASCE/SEI 7 also may be referred to as ASCE 7, ASCE 7-22, or ASCE/SEI 7-22 where the 22 refers to the year of the

design edition. SEI refers to the Structural Engineering Institute, a group organized within the ASCE. ASCE,

“Structural Engineering Institute (SEI),” https://www.asce.org/communities/institutes-and-technical-groups/structuralengineering-institute. ASCE/SEI 7-22 is the latest edition and was published in 2022. Hereinafter, this report refers to

ASCE 7 or ASCE 7-22 when there is a need to specify which edition of the ASCE is being discussed.

62 ASCE, “ASCE 7,” https://www.asce.org/publications-and-news/asce-7.

63 Engineering Express, “ASCE Risk Categories Explained,” https://www.engineeringexpress.com/wiki/asce-riskcategories-explained/.

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Building Codes, Standards, and Regulations: Frequently Asked Questions

According to FEMA, ASCE/SEI 24 meets or exceeds the minimum design requirements of the

National Flood Insurance Program for buildings and structures.64

ASCE publishes a Seismic Evaluation and Retrofit of Existing Buildings, Standard ASCE/SEI 4117, that describes deficiency-based and systematic procedures that use performance-based design

principles to evaluate and retrofit existing buildings to withstand the effects of earthquakes. This

standard is somewhat different from some other standards, because it provides guidance for the

evaluation of the existing building and then performance-based design standards for a seismic

retrofit based on the evaluation.65

What Are Construction Material Standards?

Model building codes reference material-specific standards that include requirements for

designing building systems (e.g., walls, floors, stairs) using common construction materials and

practices. Table 1 provides examples of some of the current material-specific standards used in

the United States for conventional construction materials with large market shares. In some cases,

material-specific criteria are developed for certain hazards and/or to reduce environmental

impacts. For example, the American Concrete Institute publishes special design criteria for

concrete to resist earthquake hazards, the American Institute of Steel Construction publishes

special design criteria for steel to resist earthquake hazards; and the American Wood Council

publishes special criteria for wood to resist wind and earthquake hazards. Some federal agencies

have established standards or guidelines to reduce the environmental impacts of construction

materials, including for some of the most commonly used construction materials, such as steel

and concrete.66

64 FEMA, “American Society of Civil Engineers—Flood Resistant Design and Construction,” https://www.fema.gov/

node/american-society-civil-engineers-flood-resistant-design-and-construction. ASCE/SEI 24 may be called ASCE 24

or ASCE/SEI 24-14 (the latest edition of ASCE/SEI 24 was published in 2014). Numerous changes distinguish ASCE

24-14 from earlier version of the ASCE 24. International Building Codes (IBCs) and IRCs starting in 2015 have

referenced ASCE 24-14. At times, some states and localities that generally adopt IBCs and IRCs have chosen to not

adopt the entirety or to strike portions of flood hazard provisions set forth in the IBCs, IRCs, and ASCE 24.

65 ASCE, “Seismic Evaluation and Retrofit of Existing Buildings,” https://ascelibrary.org/doi/book/10.1061/

9780784414859.

66 For example, in 2022, the General Services Administration (GSA) announced new low-embodied carbon concrete

and environmentally preferable asphalt standards that are required for any new GSA activities. GSA, “GSA Lightens

the Environmental Footprint of Its Building Materials,” https://www.gsa.gov/about-us/newsroom/news-releases/gsalightens-the-environmental-footprint-of-its-building-materials-03302022. See also CRS Report R47107, Domestic Steel

Manufacturing: Overview and Prospects, by Christopher D. Watson, and CRS In Focus IF12526, Cement: Background

and Low-Carbon Production, by Christopher D. Watson. The 2024 GSA standards, “The Facilities Standards for the

Public Buildings Service (P100),” are available from GSA, “Facilities Standards Overview,” https://www.gsa.gov/realestate/design-and-construction/facilities-standards-for-the-public-buildings-service. On February 25, 2025, GSA,

pursuant to E.O.s 14148 and 14154, determined that the 2024 GSA standards are no longer applicable and rescinded

the 2024 GSA standards and provided a list of laws, executive orders, codes, and regulations, as well as an appendix

that summarizes the Public Building Services Interim Core Building Standards for projects under design or

construction. Depending on the project and other circumstances as described in the February 25, 2025, memorandum,

2024 or interim standards may be utilized. GSA, “Facilities Standards Overview,” https://www.gsa.gov/real-estate/

design-and-construction/facilities-standards-for-the-public-buildings-service. See GSA, “2025 PBS Core Building

Standards,” https://www.gsa.gov/system/files/PBS_Core_Building_Standards_Memorandum%2024FEB.25.pdf.

Executive Order 14154, “Unleashing American Energy,” 90 Federal Register 8363, January 20, 2025; Executive Order

14148, “Initial Rescissions of Harmful Executive Orders and Actions,” 90 Federal Register 8237, January 20, 2025.

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Building Codes, Standards, and Regulations: Frequently Asked Questions

Table 1. Examples of Material-Specific Standards for Conventional Construction

Materials with Large Market Shares

Material

Organization

Standard

Edition

Structural Concrete

American Concrete

Institute (ACI)

ACI 318: Building Code Requirements

for Structural Concrete and

Commentary

2014

Structural Steel

American Institute of Steel

Construction (AISC)

AISC 360: Specifications for Structural

Steel Buildings

2016

Cold-formed Steel

American Iron and Steel

Institute (AISI)

AISI S100: North American

Specification for the Design of ColdFormed Steel Structural Members

2016

Wood

American Wood Council

National Design Specification for

Wood Construction

2018

Masonry

The Masonry Society

(TMS)

TMS 402/602: Building Code

Requirements and Specifications for

Masonry Structures

2016

Source: Siamak Sattar et al., Research Needs to Support Immediate Occupancy Building Performance Objective

Following Natural Hazard Events, National Institute of Standards and Technology (NIST), NIST Special Publication

1224, August 2018, https://doi.org/10.6028/NIST.SP.1224, Table 1.

What Hazardous Materials and Substances Are Covered by

Standards?

Some commonly recognized hazardous materials and substances in the context of building codes

and standards include lead, asbestos, radon, carbon monoxide, and mold. Lead and asbestos may

be present in materials used to construct, repair, or renovate buildings, whereas radon, carbon

monoxide, or mold may infiltrate a building interior, creating a hazardous indoor environment.

The use, removal, and/or disposal of these hazardous materials related to buildings are primarily

regulated by laws rather than building codes. The Environmental Protection Agency (EPA) is

often the federal agency in the United States authorized to implement these laws by issuing and

enforcing regulations. Some SLTTs have adopted additional local rules and regulations for

hazardous materials. Below are two examples of how lead paint and radon are regulated by laws.

Congress has passed laws to regulate the use of lead. These laws address lead in paint; dust; or

soil, air, and water, as well as the disposal of lead waste (e.g., disposal of lead-based paint or leadacid automobile batteries).67 The use of lead paint in residential buildings was restricted

beginning in 1978, and there are rules, regulations, and guidelines for disclosing the existence of

lead paint or for renovating and disposing of existing lead paint in residential buildings

constructed before 1978.

In the United States, the use of lead paint is legal and allowed for outdoor and industrial

structures (e.g., bridges, water towers, pipes, highways, guard rails, utility poles). Some SLTTs

have adopted local rules and regulations regarding the use of lead paint in nonresidential

structures. Internationally, the Global Alliance to Eliminate Lead Paint has called on governments

to phase out the use of lead paint, calling lead 1 of the 10 chemicals of major public concern.68

67 EPA, “Lead Policy and Guidance,” https://www.epa.gov/lead/lead-policy-and-guidance.

68 World Health Organization, “Global Alliance to Eliminate Lead Paint,” https://www.who.int/initiatives/global-

(continued...)

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Building Codes, Standards, and Regulations: Frequently Asked Questions

For radon, EPA participates in the development of radon-related model building codes and

standards with American National Standards Institute and the American Association of Radon

Scientists and Technologists (AARST).69 EPA is governed by the National Technology Transfer

and Advancement Act of 1995 (P.L. 104-113) and Circular A-119, which favor the federal

government’s reliance on standards developing organization consensus-based standards over the

federal government developing federal standards.70 EPA notes the most common model building

codes that address radon-resistant building techniques, including those of the International Code

Council (e.g., the International Green Construction Code, International Residential Code 2015,

and National Green Residential Standard [ICC-700]) and the American National Standards

Addressing Radon in New Construction (e.g., ANSI/AARST RRNC-2020).71 SLTTs may choose

to adopt and enforce some or all of these model codes, use other model codes, develop their own

codes, or not address radon-resistant building techniques. EPA’s Indoor Air Quality mission

provides information and guidance about other hazardous materials that may impact indoor air

quality.72

What Natural Hazards Are Covered by Design Load Standards?

In the United States, building codes may commonly include design standards to withstand snow

load, wind load, flood water, fire, or earthquake shaking in regions where these hazards may pose

the greatest risk (see “What Are Minimum Design Load Standards?” section). For example,

Florida has specific hurricane-resistant design standards for specific areas of the state that are

most at risk from hurricane hazards, and California has specific earthquake-resistant design

standards for specific areas of the state that are most at risk from earthquake hazards.73

The American Society of Civil Engineers (ASCE) has an online hazard tool that provides

minimum design load standards based on location, building risk category, and hazard type (e.g.,

wind speed minimum design load requirements to build a one-family dwelling at a given street

address, based on ASCE 7).74 A builder, homeowner, or other stakeholder can view the minimum

design load criteria for many different hazards at a location to gain knowledge about hazard risks

and building performance design elements for these hazards.

Engineering and construction professionals may need to move from prescriptive design to

performance-based design for some building elements because those elements must perform to

some specified level for a specific hazard (e.g., a steel beam must perform to a certain strength

alliance-to-eliminate-lead-paint. The other nine chemicals of major public concern include arsenic, asbestos, benzene,

cadmium, dioxins, inadequate or excess fluoride, mercury, and highly hazardous pesticides.

69 American Association of Radon Scientists and Technologists Consortium/ANSI, “National Consensus Standards for

Every Building Type,” https://standards.aarst.org/.

70 EPA, “Radon Standards of Practice,” https://www.epa.gov/indoor-air-quality-iaq.

71 EPA, “Building Codes and Standards for Radon-Resistant New Construction (RRNC),” https://www.epa.gov/radon/

building-codes-and-standards-radon-resistant-new-construction-rrnc. Like some of the other specific codes mentioned

in this report, ANSI/AARST RRNC-2020 may be referenced as RRNC. ANSI/AARST, Rough-In of Radon Control

Components in New Construction of 1 & 2 Family Dwellings and Townhouses, 2020, https://standards.aarst.org/

RRNC-2020/.

72 EPA, “Indoor Air Quality (IAQ),” https://www.epa.gov/indoor-air-quality-iaq.

73 Florida Department of Business and Professional Regulation, “Building Code Information System,”

https://floridabuilding.org/c/default.aspx; and California Department of General Services, “Building Standards

Commission,” https://www.dgs.ca.gov/BSC/Codes.

74 ASCE, “ASCE-7,” https://www.asce.org/publications-and-news/asce-7. See ASCE, “ASCE 7 Hazard Tool,”

https://asce7hazardtool.online/. See footnote 61 for a description of ASCE 7.

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and stiffness to resist a specified shaking intensity caused by an earthquake).75 For example,

Seismic Evaluation and Retrofit of Existing Buildings, Standard ASCE/SEI 41-17, describes

deficiency-based and systematic procedures that use performance-based design principles to

evaluate and retrofit existing buildings to withstand the effects of earthquakes.76

What Natural Hazards Are Covered in the Most Recent Model

Building Codes?

The 2024 edition of the International Code Council model building codes covers snow load, wind

load, flood water, fire and wildfire, and earthquake shaking hazards. For the first time, the 2024

IBC code includes tornado load standards for critical structures in the American Society of Civil

Engineers (ASCE’s) risk categories III and IV (e.g., schools and hospitals) in tornado-risk

regions.77 In general, ICC follows the ASCE minimum design loads for hazards (see “What Are

Minimum Design Load Standards?”). For example, most of the design load standards in the 2021

and 2018 ICC codes are from ASCE 7-16 (i.e., the 2016 edition of the ASCE’s Minimum Design

Loads and Associated Criteria for Buildings and Other Structures).78 ASCE 7-22 (i.e., the 2022

edition) includes minimum design loads for tornado winds for the first time. The wind

characteristics and interactions with structures in tornadic storms differ from traditional winds,

and the ASCE 7-22 committee decided to include specifications for tornadoes in the design

criteria.79 ASCE 7-22 standards are included in the 2024 edition of the IBC.80

What State, Local, Tribal, or Territorial Entities Have Adopted

Building Codes That Provide Resistance to Hazards?

According to FEMA’s Nationwide Building Code Adoption Tracking (BCAT), an estimated

percentage of the building stock in about 22,000 jurisdictions in the United States is resistant to

specific hazards. For example, about 63% of building stock in earthquake-prone areas is

earthquake-resistant as of the first quarter of FY2025, and that percentage varies depending on

the hazard (Table 2). As of the first quarter of FY2025, about 35% of natural hazard-prone

jurisdictions had adopted hazard resistant building codes.81 The BCAT Portal provides users with

75 See Section “What Are Standards?” for definitions of prescriptive versus performance-based design. Siamak Sattar et

al., Research Needs to Support Immediate Occupancy Building Performance Objective Following Natural Hazard

Events, NIST, NIST Special Publication 1224, August 2018, https://doi.org/10.6028/NIST.SP.1224.

76 ASCE, “Seismic Evaluation and Retrofit of Existing Buildings,” https://ascelibrary.org/doi/book/10.1061/

9780784414859.

77 Annemarie Mannion, “Tornado Resilience Included in 2024 International Building Code for First Time,”

ENRMidwest, October 2024, https://www.enr.com/articles/59502-tornado-resilience-included-in-2024-internationalbuilding-code-for-first-time.

78 ASCE, “ASCE-7,” https://www.asce.org/publications-and-news/asce-7. See footnote 61 for a description of ASCE 7.

79 ASCE, Standards, “ASCE 7-22 Wind Load Standard Adds Tornado Chapter,” February 14, 2022,

https://www.asce.org/publications-and-news/civil-engineering-source/civil-engineering-magazine/article/2022/02/asce7-22-wind-load-standard-adds-tornado-chapter.

80 ICC released the 2024 editions of their suite of codes in August through October 2023. ICC, “International Code

Council Unveils 2024 International Plumbing Code and 2024 International Mechanical Code,” https://www.iccsafe.org/

about/periodicals-and-newsroom/international-code-council-unveils-2024-international-plumbing-code-and-2024international-mechanical-code/. See also ICC, “New Design for the 2024 International Codes,”

https://www.iccsafe.org/about/2024-i-code-updates/.

81 The 22,000 jurisdictions cover most but not all of the United States. FEMA considers communities “‘hazardresistant’ if they’ve adopted the latest or second most recent codes without weakening the hazard-resistant provisions

through amendments.” FEMA, “Building Code Adoption Tracking,” https://www.fema.gov/ko/node/617750.

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a map showing building code adoption status for five hazards (damaging wind, tornado,

hurricane, flood, and seismic) as well as combined hazards.82

A study led by FEMA, entitled Building Codes Save: A Nationwide Study, looked at 18.1 million

buildings constructed between 2000 and 2016 (more than 85% of these buildings were residential

construction) and estimated the amount of damage these structures might incur from the three

most common hazards: floods, hurricanes, and earthquakes.83 The findings showed that about half

the buildings (roughly 9.1 million) were built to International Code Council model building codes

(ICC codes from 2000 or later editions) and would avoid average annualized losses of

approximately $1.6 billion (2020 dollars).84 The study noted that recent ICC codes (2015 or 2018

editions) were designed for life safety and to reduce property damage up to a defined risk

threshold to increase the number of hazard-resistant buildings in communities nationwide. Some

states chose to limit local adoption of amendments to state building codes (or set requirements for

local amendments). In some instances, such state limitations may deter local adoption of more

hazard-resilient or restrictive requirements for buildings.85

Table 2. Hazard-Resistant Code Adoption Statistics, FY2025 (First Quarter)

(the resistant percentage is the percentage of building codes in use by jurisdictions that include

hazard-resistant designs for specific hazards)

Resistant Percentage of

Building Stock (%)

Annual Change (%)

Damaging Wind

58

43

Hurricane Wind

74

12

Tornado

29

6

Flooda

45

11

Earthquake

63

7

Combined

35

4

Hazard

Source: Federal Emergency Management Agency (FEMA), “Nationwide Building Code Adoption Tracking,”

March 31, 2025, https://www.fema.gov/emergency-managers/risk-management/building-science/bcat.

Notes: FEMA tracks hazard-resistant building code adoption status for state, local, tribal, and territorial

governments with specific high-hazard risks (i.e., likelihood of an earthquake in a jurisdiction), covering

approximately 22,000 jurisdictions across the United States. FEMA considers hazard-resistant codes as the

adoption of the 2018 or later editions of the International Building Code (IBC) or the International Residential

Code (IRC) for new construction, along with the hazard-resistant design standards from the American Society of

82 FEMA, National Building Code Adoption Tracking Portal, https://stantec.maps.arcgis.com/apps/MapSeries/

index.html?appid=a053ac48343c4217ab4184bc8759c350.

83 The 18.1 million new buildings in the study may be divided into about 15.4 million one- and two-family dwellings;

0.5 million other residential buildings; 0.7 million commercial and industrial buildings; and 1.6 million other buildings,

such as educational, religious, and government buildings. Numbers from FEMA, Table 3-3 in Building Codes Save: A

Nationwide Study of Loss Prevention, November 2020, https://www.fema.gov/emergency-managers/risk-management/

building-science/building-codes-save-study (hereinafter, FEMA, Building Codes Save, 2020). The most recent codes at

the time of this study were from 2018. The ICC has since updated its codes, so the most recent editions are from 2021

and 2024. ICC, “IBC Reference,” https://shop.iccsafe.org/international-codes/ibc-references.html.

84 The losses are for physical damage to buildings and do not include any economic, social, cultural, or government

losses related to the loss of function of the buildings. FEMA, Building Codes Save, 2020.

85 ICC and FEMA, Reducing Flood Losses Through the International Codes: Coordinating Building Codes and

Floodplain Management Regulations, 5th edition, 2019, https://www.fema.gov/node/reducing-flood-losses-throughinternational-codes. Part 5-3 of the report provides examples of sample amendments to I-Codes to provide for a higher

standard of flood resilience.

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Civil Engineers, Structural Engineering Institute’s Minimum Design Loads and Associated Criteria for Buildings and

Other Structures (ASCE 7-16 or later editions) and Flood Resistant Design and Construction (ASCE 24-14) standard

for flood loads. FEMA notes that these codes and standards should not supersede any existing hazard-resistant

standards that are more stringent (i.e., more hazard resistant). A jurisdiction that adopts IBC or IRC may choose

to exclude some or parts of the ASCE design standards, so FEMA specifies the importance of adopting and

enforcing the IBC or IRC and ASCE design standards in their hazard-resistant building code adoption tracking.

a. In addition to the adoption of International Code Council codes, the percentages shown are representative

of those jurisdictions with high flood risk that are in good standing with the National Flood Insurance

Program and follow the 2018 or later edition of the IBC or IRC without weakening any other flood

resistance standards in use in the jurisdiction. Therefore, the percentage shown is for those jurisdictions

with high flood risks, not all 22,000 jurisdictions (FEMA, “Flood Resistance,” https://www.fema.gov/glossary/

flood-resistance).

Certifications

What Are Certifications?

According to the International Organization for Standardization, a certification is a “provision by

an independent body of written assurance (a certificate) that the product, service or system in

question meets specific requirements.”86 Building certifications are not mandatory and generally

are not adopted or enforced as a component of a jurisdiction’s building codes. Some jurisdictions

may encourage or require certain certifications for specific types of buildings (e.g., for a new

public building, a jurisdiction may require a water efficiency or energy efficiency certification).

The federal government encourages or requires certain building certifications for federal

buildings or for federal agencies. The General Services Administration (GSA), DOE, Department

of Health and Human Services (HHS), and EPA, in particular play a role in incorporating energy

efficiency and sustainability by following federal mandates and green building guidelines in the

design, construction, and renovation of federal facilities.87 The Energy Policy Act of 2005 (P.L.

109-58) requires federal agencies to buy either Energy Star products or products designated as

energy efficient by the Federal Energy Management Program (FEMP).88 In addition, the Council

on Environmental Quality (CEQ) published “Guiding Principles for Sustainable Federal

Buildings” in 2020.89 The document outlines the sustainable building principles and practices

(i.e., codes, standards, guidelines, and certifications) established through a number of statutory

and executive policies that every federal agency is using (see “What Building Codes May Apply

to Federal Buildings?” section).

86 ISO, “Certification,” https://www.iso.org/certification.html.

87 For more information on green building, see CRS Report R46719, Green Building Overview and Issues, by Corrie E.

Clark.

88 From 42 U.S.C. §8259b, the term Energy Star product means “a product that is rated for energy efficiency under an

Energy Star program,” and the term FEMP designated product means “a product that is designated under the Federal

Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent

products for energy efficiency.” For information on the Energy Star program, see CRS In Focus IF10753, ENERGY

STAR Program, by Corrie E. Clark. For more on DOE’s Federal Energy Management Program, see Office of Energy

Efficiency and Renewable Energy, “Federal Energy Management Program,” https://www.energy.gov/eere/femp/

federal-energy-management-program.

89 Council on Environmental Quality (CEQ), Guiding Principles for Sustainable Federal Buildings and Associated

Instructions, CEQ-OFS-2020-1, December 2020, https://www.sustainability.gov/pdfs/

guiding_principles_for_sustainable_federal_buildings.pdf (hereinafter, CEQ, Sustainable Federal Buildings).

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What Types of Certifications Are Commonly Used in the

United States?

Certifications focused on energy efficiency and hazard resistance leading to more resilient and

sustainable buildings are among the commonly adopted certifications in the United States. Green

building certifications may offer a certificate for energy efficiency, water efficiency, the use of

nontoxic materials in an indoor environment, waste and pollution reduction (i.e., recycling, reuse,

or reduction, including lowering carbon emissions), and lifecycle management (i.e., recycling,

reuse, or reduction in the construction, operation, and/or maintenance of the building over the

lifetime of the structure).90 For federal buildings, CEQ published “Guiding Principles for

Sustainable Federal Buildings” in 2020.91 The document outlines the sustainable building

principles and practices (i.e., codes, standards, guidelines and certifications) established through a

number of statutory and executive policies that every federal agency is using (see “What Building

Codes May Apply to Federal Buildings?” section). This guidance includes a list of green building

certifications that federal agencies may use. Table 3 lists the green building certifications from

the guidance document which are among the commonly used green building certifications in the

United States.

There are some hazard-resistant certifications available in the United States. For example, the

Insurance Institute for Business and Home Safety (IBHS) has produced a suite of design

standards labeled FORTIFIED Home consisting of performance-based engineering and building

standards designed to help strengthen new and existing homes through the installation of specific

building upgrades that reduce damage from hurricanes, hailstorms, low-level tornadoes, and

severe thunderstorms.92 FORTIFIED is a voluntary construction and re-roofing program, offering

a third-party verified designation certificate for homes and commercial buildings that are

strengthened against severe weather such as high winds, hail, hurricanes, and tornadoes.93 The

IBHS also produces a Rating the States report to evaluate building code adoption and

enforcement in 18 states that are vulnerable to hurricanes along the Atlantic and Gulf coasts.94

Table 3. Examples of Green Building Certifications

Certification

System

Energy Star

Type of Certification

Organization

Focus Areas

Green building or product

rating and certification

through the federal

government relying on thirdparty data or testing from

building or product

manufacturers

U.S. Environmental

Protection Agency (EPA)

and Department of

Energy (DOE)

Energy, indoor environment,

waste reduction, lifecycle

management, and more

90 Office of Energy Efficiency and Renewable Energy, “Zero Energy Buildings Resources Hub,”

https://www.energy.gov/eere/buildings/zero-energy-buildings-resource-hub. See also CRS Report R46719, Green

Building Overview and Issues, by Corrie E. Clark.

91 CEQ, Sustainable Federal Buildings.

92 The Insurance Institute for Business and Home Safety (IBHS) is a nonprofit organization supported by property

insurers and reinsurers that conducts research to identify and promote the most effective ways to strengthen buildings

and communities against natural disasters and other causes of loss. For more information about IBHS projects to help

home owners and business owners protect their property from different hazards, see IBHS, “Diastersafety.org,”

https://disastersafety.org/.

93 IBHS FORTIFIED, “What Is Fortified?,” https://fortifiedhome.org/solutions/.

94 IBHS, Rating the States 2024: Hurricane Coast, https://ibhs.org/public-policy/rating-the-states/.

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Certification

System

Type of Certification

Organization

Focus Areas

WaterSense

Green building or product

rating and certification

through the federal

government relying on thirdparty data or testing from

building or product

manufacturers

EPA

Water

Leadership in

Energy and

Environmental

Design (LEED)

Green building rating and

certification through

independent third-party

verification

U.S. Green Building

Council

Energy, water, indoor

environment, waste reduction,

lifecycle management, and

more

Building Research

Establishment

Environmental

Assessment Method

(BREEAM)

Green building and

infrastructure rating and

certification through

independent third-party

verification

BRE Global

Energy, water, indoor

environment, waste reduction,

lifecycle management, and

more

Green Globes

Science-based building rating

system for new construction

and existing buildings

Green Building Initiative

Energy, water, indoor

environment, waste reduction,

lifecycle management, and

more

Living Building

Challenge

Performance-based standard

and certification for

landscape, infrastructure,

buildings, and community

design

International Living Future

Institute

Energy, water, materials, place,

health and happiness, equity,

and beauty (must meet all the

specified performance goals in

these categories)

Sources: Energy Star: ENERGY STAR, “The Simple Choice for Saving Energy,” https://www.energystar.gov/.

WaterSense: EPA, “WaterSense,” https://www.epa.gov/watersense. LEED: U.S. Green Building Council, “LEED

Rating System,” https://www.usgbc.org/leed. BREEAM: BRE, “BREEAM USA,” https://bregroup.com/products/

breeam/breeam-usa/. Green Globes: Green Building Initiative, “Why Green Globes?,” https://thegbi.org/greenglobes-certification/why-green-globes/. Living Building Challenge: International Living Future Institute, “Help

Create a Living Future for All,” https://living-future.org/.

Fire Codes

What Are Fire Codes?

Fire codes set minimum requirements for fire prevention and fire protection systems in new and

existing buildings. Their purpose is to (1) prevent fires and explosions and (2) protect people and

property in case of fire or explosion.

Most fire codes define different fire safety requirements for different types of buildings (e.g.,

single-family homes, high-rise buildings, shopping centers, daycare facilities, nursing homes) and

different activities (e.g., storage of explosive or hazardous materials, welding, open fires, large

gatherings of people). Generally, fire codes may address the following:

•

•

•

Requirements for fire access roads, fire hydrants, and water supply

Installation of fire detection and alarm systems, sprinkler systems, and portable

fire extinguishers

Number of access doors, means of egress, and occupant load

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•

•

•

Permitting of special activities that present unique fire risks, such as storage of

fireworks, use of hazardous materials, amusement rides, and battery storage

facilities

Emergency response planning, such as evacuation plans, notification of the fire

department, and providing the fire department with a floor plan

Inspection and enforcement duties of the fire official

What Is the Difference Between Building Codes and Fire Codes?

Generally, a building code defines minimum requirements for the design and construction of

buildings to ensure the safety, health, and general welfare of the occupants of the building and the

public.95 They ensure the structural integrity of buildings and protect people from a wide array of

hazards (e.g., fires, earthquakes).96 Among the many requirements in state and local building

codes, most include requirements to avoid fire spread (e.g., requirements for firewalls, fire

resistant materials, fire doors), for fire detection and suppression systems (e.g., smoke detectors,

fire alarm systems, sprinkler systems), and for rapid evacuation (e.g., means of egress). Fire

experts estimate that about 75% of an SLTT building code deals with fire safety.97 For example, a

nightclub may be required to install a sprinkler system and include proper egress under the

building code.98 Thus, some fire code requirements are integrated into initial construction and

inspected prior to occupancy. The fire code also may include occupancy limits and maintenance

of sprinkler systems, which require ongoing inspection and enforcement. Although fire

prevention and safety requirements are integrated into building codes, the specific requirements,

certifications, and enforcement regimes are determined by the jurisdiction that has authority.

Model building codes often reference model fire codes and standards. The standards referenced

may dictate acceptable fire suppression equipment (e.g., sprinklers) and proper installation of fire

suppression equipment. In turn, SLTT building codes may reference model fire codes and specific

standards governing installation or other factors. SLTT governments can amend these model

codes to suit their needs.99

Often, the building code is enforced by government building code officials with the support of

fire officials (e.g., review of site plans, review of design and construction plans, inspection and

testing of fire detection and suppression systems preoccupancy), whereas the fire code is often

implemented and enforced by fire officials. Since fire officials inspect for some requirements in

the building code, there is often overlap in requirements in the building code and fire code or

95 NFPA, “Reporter’s Guide: About Codes and Standards,” https://www.nfpa.org/Newsand-Research/Publications-and-

media/Press-Room/Reporters-Guide-to-Fire-and-NFPA/About-codes-and-standards.

96 See the “Building Codes” section of this report.

97 Glenn P. Corbett and Francis L. Brannigan, Brannigan’s Building Construction for the Fire Service, 6th ed. (Jones &

Bartlett Learning, 2019), p. 87.

98 Glenn P. Corbett and Francis L. Brannigan, Brannigan’s Building Construction for the Fire Service, 6th ed. (Jones &

Bartlett Learning, 2019), p. 87.

99 As an example, see the New York City Buildings Department, “Project Categories: Building Systems Installation &

Modifications: Sprinkler,” https://www.nyc.gov/site/buildings/dob/project-categories-sprinkler.page. (It states, “The

New York City Building Code requires the installation of automatic sprinklers be based on several factors, such as the

height and size of the building, occupancy classifications, fire areas, occupant loads, the layout of partitions, fire-rated

construction, and the contents or hazards present in the building. In general, Building Code Chapter 9 and Building

Code Appendix Q, which amends references to various National Fire Protection Association (NFPA) standards,

governs the sprinkler system application, installation, and design.”)

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reference to building code requirements in the fire code (Figure 1). The intent is to take fire

prevention and safety into account during and after construction.

Figure 1. Overlap in Building Code and Fire Code in Minnesota

(example of overlap in building code and fire code requirements in Minnesota)

Source: Congressional Research Service (adapted from the Minnesota Legislature, Office of the Legislative

Auditor, Program Evaluation Division, “State Building Code,” https://www.auditor.leg.state.mn.us/ped/1999/

sbc99.htm).

Notes: This graphic shows the overlap in requirements between the 2020 Minnesota Building Code, based on

the 2018 International Building Code, and the 2020 Minnesota State Fire Code, based on the 2018 International

Fire Code.

What Are Fire Standards?

A fire standard may be a technical standard, such as how manufacturers must build smoke alarms

or carbon monoxide detectors and how they must perform. A fire standard also may apply to a

building element, system, or instrument installed in the building. The National Fire Protection

Association notes that model codes describe when to implement a requirement, whereas standards

describe how to implement a requirement (see “Model Building Codes” and “Standards”

sections). In some cases, standards may be cited in model codes. For example, the International

Building Code stipulates that when installing smoke detectors in high-rise buildings, property

owners should periodically test the systems in accordance with certain standards—the NFPA 4

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Standard for Integrated Fire Protection and Life Safety System Testing.100 In NFPA 70, the

National Electrical Code references many standards, including the NFPA 75 Standard for the Fire

Protection of Information Technology Equipment.

Who Develops Standards for Fire Safety and Performance?

Standards developing organizations, such as the Underwriters Laboratories and the National Fire

Protection Association, help develop technical standards for fire safety and performance. Federal

agencies, such as the Consumer Product Safety Commission and NIST, contribute to standards

development.101 For example, NIST conducts structural testing of beams and floors to discover

how real-world structures could collapse during building fires.102 The results of laboratory testing

by industry and federal agencies help inform model codes and standards. A standard also may

refer to an optimal way of installing technologies. For example, when automatic sprinkler

systems were first developed, there were nine different pipe sizes; industry stakeholders, such as

manufacturers and the insurance industry, developed a uniform standard (i.e., measures) for

sprinklers and standards for the installation of sprinklers.103 Like model codes, standards are not

law. States and localities are not required to adopt them or use standards (see “Standards”

section).

Can State, Local, Tribal, or Territorial Entities Require Certain Fire

Protections for Buildings?

In home rule states, where the state’s constitution grants municipalities and counties the authority

to pass laws to govern themselves, local governments may write and adopt their own fire code.104

For non-home rule states, states take different approaches. Some states have adopted mandatory

statewide codes, which means local jurisdictions must follow the code adopted by the state

legislature. Other states have adopted minimum statewide codes, which means local government

must follow at least those minimum requirements and may choose to adopt more stringent

requirements or additional requirements not in the statewide code. Some states adopt and enforce

a statewide code, whereas other states leave enforcement to local jurisdictions. Some states may

reference model codes in state law, or apply those codes to state-owned buildings or certain types

of buildings (e.g., factories), but allow localities to write and adopt their own code; in some cases,

localities adopt the state code in full or with amendments.

Like states, U.S. territories and tribal nations also may adopt model fire codes. They often

leverage the same model codes and adopt them in full, in part, or with amendments to meet their

local needs and preferences.105

100 ICC, “Chapter 9: Fire Protection and Life Safety Systems,” in 2018 International Building Code,

https://codes.iccsafe.org/content/IBC2018/chapter-9-fire-protection-and-life-safety-systems. (See 901.6.2.1 High-rise

building.)

101 U.S. Consumer Product Safety Commission, “U.S. Consumer Product Safety Commission,” https://www.cpsc.gov/.

102 NIST, “How Fire Causes Office-Building Floors to Collapse,” press release, March 24, 2020, https://www.nist.gov/

newsevents/news/2020/03/how-fire-causes-office-building-floors-collapse.

103 NFPA, “Reporter’s Guide: About Codes and Standards,” https://www.nfpa.org/News-and-Research/Publicationsand-media/Press-Room/Reporters-Guide-to-Fire-and-NFPA/About-codes-and-standards.

104 For an overview of states and the different approaches to code applicability, see Insurance Institute for Business and

Home Safety, “Building Codes by State,” https://ibhs.org/public-policy/building-codes-by-state/.

105 As an example, see EPA, “Tribal Green Building Code Guidance,” last updated January 30, 2023,

https://www.epa.gov/green-building-tools-tribes/tribal-green-building-code-guidance#bc. The guidance discusses the

Kayenta Township, Navajo Nation adoption of building codes.

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How Do State, Local, Tribal, and Territorial Entities Adopt a

Fire Code?

SLTTs typically develop fire codes using language from model fire codes created by standards

developing organizations. SLTT governments may adopt the model code in full or amend the

model code to suit their needs and preferences.106 This means that fire codes often vary from

jurisdiction to jurisdiction.107 States often reference the model fire code they use and indicate if

they made amendments to that code. For example, North Carolina lists its latest fire code, the

2018 North Carolina Fire Prevention Code, as based on the International Fire Code 2015, with

North Carolina amendments.108

Which Model Fire Codes Do State, Local, Tribal, and Territorial

Entities Use?

The two commonly adopted model fire codes in the United States are the International Fire Code

by the International Code Council and the National Fire Protection Association 1: Fire Code

(NFPA-1).109

Do State, Local, Tribal, and Territorial Entities Update Their

Fire Codes?

Standards developing organizations update their model fire codes every three years. SLTTs may,

from time to time, update their fire codes to incorporate new model code provisions and

standards.

Do Fire Codes Vary by Building Type?

Most SLTTs regulate buildings in their jurisdiction based on occupancy and the activities

expected to occur in the building. Occupancy often drives which fire codes apply. For example,

while there are comprehensive fire suppression systems such as smoke detectors, fire alarms, and

sprinkler systems to suppress or extinguish fires, model codes do not recommend use of these

systems in all buildings or for all spaces.110 For example, SLTT codes may require sprinkler

systems in dormitories but not in single-family homes. Standards developing organizations may

recommend requirements for sprinklers in single-family homes to save lives and protect property,

106 Quick Response Fire Supply, “#226—The Conflict over Residential Fire Sprinkler Requirements, Part 1,” July 12,

2019, https://blog.qrfs.com/226-the-conflict-over-residential-fire-sprinkler-requirements-part-1/. (Discussing a new

recommendation in an ICC code to require sprinkler systems in one- and two-family dwellings, and how some states

are adopting it and other states are prohibiting its implementation through legislation.)

107 The code adoption process also varies from jurisdiction to jurisdiction. See ICC, “Code Adoption Process by State,”

https://www.iccsafe.org/wp-content/uploads/adoption_ordinances/HowStatesAdopt_I-Codes.pdf.

108 ICC, “Code Adoptions,” https://www.iccsafe.org/adoptions/global-codes.

109 ICC, 2024 International Fire Code, https://codes.iccsafe.org/content/IFC2024P1; and NFPA, “Codes and

Standards,” https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards.

110 For example, see ICC, Section 903.2, in 2018 International Fire Code (IFC), https://codes.iccsafe.org/content/

IFC2018/chapter-9-fire-protection-and-life-safety-systems.

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but it is ultimately up to the state or local jurisdiction to specify which fire safety systems apply to

various buildings in the jurisdiction.111

Are Changes to Fire Codes Retroactive?

Fire codes can be retroactive, if jurisdictions adopt language making them retroactive. In some

cases, jurisdictions may require that buildings comply with certain requirements within a certain

period of time (e.g., requiring fire alarm systems in schools). In most cases, SLTTs apply fire

codes to new buildings and typically do not require that existing buildings meet new or updated

fire codes adopted by the jurisdiction. However, if the owner sells or significantly renovates the

building, then new and updated fire codes may apply.112 In addition, if a fire official identifies a

hazard (e.g., blockage of fire lanes, exceeding occupancy load), fire officials can, in many cases,

require that the building owner correct the hazard.

Who Enforces Fire Codes?

Typically, fire officials—a fire marshal or fire chief—are responsible for enforcing the fire code.

SLTTs often specify roles and responsibilities of the fire official in their fire code and codify

those roles and responsibilities in state law or local ordinance. In many jurisdictions, SLTTs direct

fire officials to review and approve building plans before permits for construction are issued, to

inspect and test fire safety systems preoccupancy, and to conduct ongoing inspection and

enforcement of the fire code post-construction.113 However, just as fire codes vary across

jurisdictions, so do the roles of the fire marshal and the levels of enforcement.114

Building Energy Codes

What Are Building Energy Codes?

Building energy codes specify minimum energy efficiency standards for new buildings and major

renovations. Building energy codes commonly mandate certain energy efficiency characteristics

for building technologies. Beyond certain federally mandated minimum requirements, it is left to

states to determine the contents of the codes that regulate buildings within their jurisdictions. This

allows flexibility with the codes to meet a specific region’s priorities.

The Energy Policy Act of 1992 (EPAct 92; P.L. 102-486) established a baseline for energy

efficiency in building codes. In addition to establishing a baseline for energy efficiency, EPAct 92

111 As an example, see EPA, “Tribal Green Building Code Guidance,” last updated January 30, 2023,

https://www.epa.gov/green-building-tools-tribes/tribal-green-building-code-guidance#bc. (Noting that the Kayenta

Township, Navajo Nation, chose to adopt a 2006 ICC code rather than a 2009 ICC code because the 2009 code

required residential fire sprinklers, which the township did not think were appropriate for new homes in its

jurisdiction.)

112 Robin Zevotek, “Do All Buildings Have to Comply with the Latest Code?,” NFPA Today (blog), NFPA, May 27,

2022, https://www.nfpa.org/News-and-Research/Publications-and-media/Blogs-Landing-Page/NFPA-Today/BlogPosts/2022/05/27/Do-all-buildings-have-to-comply-with-the-latest-code.

113 For example, see Prince William County (VA), Fire Marshal’s Office, “ePlans: Plan Review and Inspections (New

Construction),” https://www.pwcva.gov/department/fire-marshals-office/eplans. (See the process flow chart delineating

the role of the customer [building owner/builder], the building department, and the Fire Marshal.)

114 For an example of overlapping jurisdiction and enforcement responsibilities, see transcript from field hearing on fire

safety in federally assisted housing, at U.S. Congress, House Committee on Financial Services, Subcommittee on

Housing, Community Development, and Insurance, A Matter of Life and Death: Improving Fire Safety in Federally

Assisted Housing, 117th Cong., 2nd sess., April 20, 2022, Serial No. 117-79.

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authorized DOE to provide technical assistance to states to support the implementation of model

residential and commercial building energy codes (42 U.S.C. §6833).

What Are Voluntary Building Energy Codes?

Voluntary building energy codes are effectively model building energy codes or standards that are

developed and maintained by a standards developing organization (see “Standards” section). A

voluntary building energy code is defined in 42 U.S.C. §6832(14) as “a building energy code

developed and updated through a consensus process among interested persons, such as that used

by the Council of American Building Officials; the American Society of Heating, Refrigerating,

and Air-Conditioning Engineers (ASHRAE); or other appropriate organizations.” ASHRAE is

responsible for maintaining Standard 90.1, Energy Standard for Buildings Except Low-Rise

Residential Buildings, which can be used for commercial buildings and multifamily residential

buildings.115 The International Code Council is responsible for maintaining the International

Energy Conservation Code, which contains separate provisions for commercial buildings and

low-rise residential buildings (see “Model Building Codes” section).

Section 307 of the Energy Conservation and Production Act (ECPA; P.L. 94-385), as amended,

directs the DOE to periodically review the technical and economic basis of voluntary building

energy codes, recommend amendments to the codes, seek the adoption of technologically feasible

and economically justified energy efficiency measures, and participate in any industry process for

review and modification of the codes.

What Is the Department of Energy’s Role in Building Energy Codes

and Standards?

In addition to DOE’s role in voluntary building energy codes, DOE has a role in the development,

adoption, and compliance of building energy codes. DOE requirements are specified under

Section 304(a) of the Energy Conservation and Production Act (ECPA; P.L. 94-385) for

residential buildings and under Section 304(b) of ECPA for commercial buildings.

Section 304(a) of ECPA, as amended, provides that when a model building energy code is

revised, the Secretary of Energy must determine whether the revision would improve energy

efficiency in residential buildings and must publish a notice of determination in the Federal

Register. If the Secretary determines that a revision to the residential code would improve energy

efficiency, then each state is required to certify to DOE that the state has compared its existing

residential building code with the revised code and made a determination whether to revise the

state’s code to meet or exceed the revised model building energy code.

Section 304(b) of ECPA, as amended, provides that when the American Society of Heating,

Refrigerating, and Air-Conditioning Engineers Standard 90.1 (or any successor standard) is

revised, the Secretary of Energy must determine whether the revision would improve energy

efficiency in commercial buildings and must publish a notice of determination in the Federal

Register. If the Secretary determines that a revision to the commercial standard would improve

115 ASHRAE, “Standard 90.1-2022—Energy Standard for Sites and Buildings Except Low-Rise Residential

Buildings,” https://www.ashrae.org/technical-resources/bookstore/standard-90-1. Note that Standard 90.1 may be

referred to as ANSI/IES/ASHRAE Standard 90.1, ANSI/ASHRAE Standard 90.1 or ASHRAE Standard 90.1 because it

is ANSI approved and IES co-sponsored. ANSI is the American National Standards Institute and IES is the Industrial

Electronics Society, a group organized within the Institute of Electrical and Electronics Engineers (IEEE). IEEE.org,

“IEEE Advancing Technology for Humanity,” https://www.ieee.org/. Hereinafter in this report, it is referred to as

Standard 90.1.

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energy efficiency, then each state is required to certify to DOE that the state has reviewed and

updated its commercial building code in accordance with the revised standard.

ECPA, as amended, also provides for extensions, technical assistance, and incentive funding.

Section 304(c) of ECPA, as amended, requires the Secretary of Energy to permit extensions of

deadlines for certification of residential and commercial building codes regarding energy

efficiency if a state demonstrates that it has “made a good faith effort to comply” and that it has

made significant progress in compliance. Section 304(d) of ECPA, as amended, directs DOE to

provide technical assistance to states to improve and implement energy efficiency codes or to

“otherwise promote the design and construction of energy efficiency buildings.”116

Federal Role: Code Requirements

Federal programs—such as federally owned buildings, federal housing-related programs, and

federal assistance programs for hazard insurance or mitigation grants—are often subject to certain

model code requirements either in lieu of or in addition to the building codes and standards

adopted by SLTTs. These additional requirements are generally intended to ensure federal

program requirements are met and buildings satisfy health, safety, and other performance

measures required by the programs. Some federal programs include periodic inspection for

enforcement purposes. In addition, the federal government has set forth codes and standards for

manufactured housing in lieu of SLTT building codes and standards.

What Building Codes May Apply to Federal Buildings?

Federal entities must construct new buildings or alter existing buildings (i.e., federal buildings

that are owned or leased by the federal government) using the latest edition of one of the

“nationally recognized model building codes” (Public Buildings Amendments of 1988; P.L. 100678, 40 U.S.C. §3312). Federal agencies have policies in place to grant waivers or exemptions

from certain building code requirements under some circumstances.117 GSA establishes design

standards and performance criteria for the GSA Public Buildings Service in Facilities Standards

for the Public Buildings Service (P100). P100 contains policy and technical criteria for the

programming, design, and documentation of GSA buildings, including model building code

criteria (see “Model Building Codes” and “Standards” sections).118 On February 25, 2025, GSA

rescinded P100 and provided a list of laws, executive orders, codes, and regulations, as well as an

appendix that summarizes the Public Building Services Interim Core Building Standards for

projects under design or construction.119

116 For more information on the Department of Energy’s (DOE’s) role in voluntary building energy codes, see DOE,

“Building Energy Codes Program,” https://www.energycodes.gov/.

117 In particular, the federal statute regarding following nationally recognized model building codes (40

U.S.C. §3312) has a national security waiver.

40 U.S.C. §3312a(2) National security waiver.—

This section does not apply to a building for which the Administrator of General Services or the

head of the federal agency authorized to construct or alter the building decides that the application

of this section to the building would adversely affect national security. A decision under this

subsection is not subject to administrative or judicial review.

118 GSA, “Facilities Standards Overview,” https://www.gsa.gov/real-estate/design-and-construction/facilities-standardsfor-the-public-buildings-service.

119 GSA, “Facilities Standards Overview,” https://www.gsa.gov/real-estate/design-and-construction/facilities-standardsfor-the-public-buildings-service. See 2025 PBS Core Building Standards at https://www.gsa.gov/system/files/

PBS_Core_Building_Standards_Memorandum%2024FEB.25.pdf.

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In addition, CEQ published Guiding Principles for Sustainable Federal Buildings in 2020. The

document outlines the sustainable building principles and practices established through statutory

and executive policies for federal buildings. The principles guide agencies in designing, locating,

constructing, maintaining, and operating federal buildings in a sustainable manner that increases

efficiency, optimizes performance, eliminates unnecessary use of resources, ensures the health of

occupants, protects the environment, generates cost savings, and mitigates risks to assets. The six

guiding principles are as follows: (1) Employ Integrated Design Principles, (2) Optimize Energy

Performance, (3) Protect and Conserve Water, (4) Enhance the Indoor Environment, (5) Reduce

the Environmental Impact of Materials, and (6) Assess and Consider Building Resilience. The

guidance addresses climate change risks, natural hazards risks, and other risks. The guidance

specifically mentions that federal buildings should conform to the 2018 International Green

Construction Code, which are model building codes from the International Code Council, and

includes a list of green building certifications that federal agencies may use (see “What Types of

Certifications Are Commonly Used in the United States?” section).120

What Fire Safety Systems May Apply to Federal Buildings?

Under the authority of the Federal Fire Prevention and Control Act of 1974 (P.L. 93-498), as

amended (15 U.S.C. §2227), no federal funds may be used for certain federal employee office

buildings unless the buildings are protected by automatic sprinkler systems or an “equivalent

level of safety.”121 In addition, no federal funds may be used for construction, purchase, lease, or

operation by the federal government of housing for federal employees or their dependents unless

the housing is protected by automatic sprinkler systems (or equivalent level of safety) and smoke

detectors.122 Pursuant to the federal statute, the terms automatic sprinkler system and smoke

detector are defined to be in accordance with certain National Fire Protection Association

standards or any successor standards. The Administrator of the General Services, in cooperation

with the United States Fire Administration, NIST, and the Department of Defense, is to

promulgate regulations to further define the term equivalent level of safety and, to the extent

practicable, to base those regulations on “nationally recognized codes.”

These requirements should not be construed to supersede any federal guidelines that call for a

higher level of fire safety protection or to limit the power of any state or local jurisdiction that

establishes requirements for fire prevention and control. In essence, nothing in the federal statute

may reduce fire resistance.

What Building Energy Codes May Apply to Federal Buildings?

The Secretary of Energy is directed to establish, by rule, federal building energy efficiency

standards under Section 305 of the Energy Conservation and Production Act (ECPA; 42 U.S.C.

§6834). The federal building energy standards are to be technologically feasible and economically

justified. The standards must contain energy savings and renewable energy specifications that

meet or exceed those in the referenced International Energy Conservation Code (for residential

buildings) or referenced Standard 90.1 (for commercial buildings).123 Energy efficiency

performance standards established by DOE for new federal buildings must require, if life-cycle

120 CEQ, Sustainable Federal Buildings; and ICC, “The International Codes (I-Codes),” https://www.iccsafe.org/

products-and-services/i-codes/the-i-codes/.

121 Excludes office buildings occupied by 25 or fewer federal employees.

122 Housing assistance does not include assistance provided by the Secretary of Veteran Affairs, FEMA, the Secretary

of Housing and Urban Development and various other federal housing programs listed in 15 U.S.C. §2227(a) (5)(B).

123 See footnote 115 for more about Standard 90.1.

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cost effective, that buildings be designed to achieve energy consumption levels that are at least

30% below energy consumption levels established in referenced codes and standards. Energy

efficiency performance standards also must require that sustainable design principles be applied

to the siting, design, and construction of all new and replacement buildings. No later than one

year after the date of approval of each subsequent revision of a voluntary building energy code or

standard, DOE must determine whether to amend the federal building energy efficiency standards

with the revised voluntary standard based on the cost-effectiveness of the revised voluntary

standard (42 U.S.C. 6834(a)(3)(B)).

Section 306(a) of ECPA, as amended, directs the head of each federal agency, including the

Architect of the Capitol, to adopt procedures to assure that new federal buildings meet or exceed

the federal building energy standards established under Section 305. Section 306(b) of ECPA, as

amended, permits heads of agencies to expend federal funds for the construction of new federal

buildings only if the building meets or exceeds the appropriate federal building energy standard

established under Section 305.124

What Building Codes May Apply to Military Buildings and

Structures?

The Department of Defense (DOD) publishes building codes in a document known as the

Uniform Facilities Criteria (UFC), or UFC 1-200-01.125 The DOD’s UFC applies to the Military

Departments (Departments of the Army, Navy and Air Force), the Defense Agencies, and the

DOD Field Activities.

The UFC directs the use of numerous consensus-based standards for building codes, including the

International Code Council model building codes—the International Building Code, International

Existing Building Code, and International Green Construction Code (see “Model Building

Codes” section). Instances where DOD building codes vary from those standards are outlined in

the UFC. Instances where UFC requires military-specific codes include the following:

•

•

•

Physical security measures to protect specific personnel, equipment, or

documents

Anti-terrorism safety measures on buildings inside and outside the United States

Facilities that involve the use or handling of ammunition or explosives

The UFC is overseen by the Deputy Assistant Secretary of Defense for Construction.

What Building Codes Apply to Manufactured Housing?

Unlike other types of homes, which are subject to state and local building codes, manufactured

homes constructed on or after June 15, 1976,126 must comply with the federal Manufactured

124 The current federal building energy efficiency performance standards are established in 10 C.F.R. 433 for new

commercial and multi-family high-rise residential buildings and 10 C.F.R. 435 for new federal low-rise residential

buildings.

125 Department of Defense, Uniformed Facilities Criteria, USD (AT&L) Memorandum, May 29, 2002,

https://www.wbdg.org/FFC/DOD/ufc_implementation.pdf.

126 Manufactured homes are defined at 42 U.S.C.§5402. Unlike other types of factory-built homes, such as modular

homes, manufactured homes are built on a permanent chassis. Modular and other types of factory-built homes are

subject to local building codes like site-built homes.

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Home Construction and Safety Standards (MHCSS).127 The MHCSS, sometimes referred to as the

“HUD Code,” are issued by HUD and established under the authority of the National

Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C.

§§5401-5426). The purposes of the law include protecting the quality, durability, safety, and

affordability of manufactured homes and providing for the establishment of uniform standards for

manufactured homes.128 A uniform standard may reduce the costs and burdens to manufacturers

of ensuring compliance with multiple different codes, since manufactured homes constructed in

one state may be shipped to other states to be installed. HUD’s development of the MHCSS was

informed by existing model codes and standards,129 and updates to the MHCSS may take into

account existing codes and standards.130 Many MHCSS requirements refer to existing codes and

standards that are incorporated by reference.131

The MHCSS address various aspects of manufactured home construction, including planning and

design; fire safety; body and frame construction; testing; thermal protection; plumbing systems;

heating, cooling, and fuel burning systems; electrical systems; and transportation. Although HUD

issues the MHCSS, DOE is directed by law to set energy conservation standards for

manufactured homes (see the “What Energy Efficiency Standards Apply to

Manufactured Housing?” section). The MHCSS preempt state and local requirements, meaning

states and local governments cannot set different standards related to any aspect of manufactured

127 HUD’s regulations related to manufactured housing are at Title 24 C.F.R. Parts 3280, 3282, 3284, 3285, 3286, 3288,

and 3800, https://www.ecfr.gov/current/title-24/subtitle-B/chapter-XX/part-3280?toc=1. The construction and safety

standards, specifically, are at 24 C.F.R. Part 3280.

128 42 U.S.C. §5401.

129 In particular, the Manufactured Home Construction and Safety Standards (MHCSS) drew substantially from the

existing National Fire Protection Association Standards for manufactured homes. The 1975 MHCSS proposed rule

noted that

HUD determined that the most appropriate course of action ... would be to develop a complete

Federal standard covering mobile home construction and safety rather than adopt, by reference, all

or part of the standards or codes for mobile homes currently in use. HUD, however, considered it

useful and appropriate to utilize existing codes and standards in the development process rather

than writing Federal standards without considering available sources. HUD has, therefore, very

carefully reviewed existing codes and standards and has, in the proposed Federal standards, made

every effort to assure reasonable continuity in the requirements for mobile home design,

construction and performance while at the same time meeting the statutory mandate for upgrading,

where appropriate, to provide greater quality, durability, and safety.

See 40 Federal Register 26930. It also noted that “Although HUD utilized a variety of sources in arriving at the

proposed Federal standard, significant portions of the standard have come from the ‘Standard for Mobile Homes,’

NFPA 501B.” See 40 Federal Register 26931.

130 For example, a HUD regulatory impact analysis prepared in relation to a 2021 final rule that amended the MHCSS

noted that some of the amendments were made “to remain on par with several aspects of the International Residential

Code (IRC), which serves as the basis for state and local building codes. Updates based on the IRC are generally

safety-based and ensure manufactured homes contain the same or similar safety standards as site-built homes.” See

HUD, Regulatory Impact Analysis of FR-6149-F-02: Manufactured Home Construction and Safety Standards,

December 16, 2020, https://www.regulations.gov/document/HUD-2020-0015-0047. However, the preamble to the final

rule notes, “While some language may be consistent between the IRC, state and local codes, and the requirements

published in this rule, there are differences that remain and justify establishment of unique provisions rather than

incorporating the IRC or any given state or local code in their entirety.” See HUD, “Manufactured Home Construction

and Safety Standards,” 86 Federal Register 2496-2526, January 12, 2021.

131 By reference generally means that a certain number of copies (typically one) of the codes or standards must be

maintained by a government entity (typically a printed copy available at one or more specified building department

offices). See for example, UT Municipal Technical Advisory, “Building Codes Adopted by Reference,”

https://www.mtas.tennessee.edu/reference/adopting-building-codes-reference. See 24 C.F.R. §3280.4 for how HUD

incorporates by reference.

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housing performance addressed by the MHCSS.132 HUD updates the MHCSS periodically with

input from the Manufactured Housing Consensus Committee, which includes members

representing manufactured housing producers or retailers, consumers, and general interest and

public officials.133

In 2000, Congress amended the statute to direct HUD to establish the Model Manufactured Home

Installation Standards,134 which went into effect in 2008.135 Unlike the MHCSS, the Model

Manufactured Home Installation Standards do not preempt state requirements. Rather, they

establish minimum standards for the installation of manufactured homes, but states can set

installation requirements that exceed the Model Manufactured Home Installation Standards.136

What Energy Efficiency Standards Apply to

Manufactured Housing?

While HUD issues the Manufactured Home Construction and Safety Standards, DOE is required

to establish energy efficiency standards for manufactured housing under Section 413 of the

Energy Independence and Security Act of 2007 (EISA; P.L. 110-140). EISA directs that, after

notice and opportunity for comment by manufacturers and other interested parties and after

consultation with HUD, DOE uses the most recent version of the International Energy

Conservation Code (IECC), including supplements, except when the Secretary finds that the code

is not cost-effective or that “a more stringent standard would be more cost-effective, based upon

the impact of the code on the purchase price of manufactured housing and on total life-cycle

construction and operating costs.” The energy efficiency standards are to be updated not later than

one year after any revision to the IECC.

Section 413 of EISA also provides for enforcement. Any manufacturer that violates the energy

efficiency standards is liable for a civil penalty in an amount not to exceed 1% of the

manufacturer’s retail list price of the manufactured housing.

DOE published a final rule establishing these standards in May 2022.137 The compliance date for

the rule was scheduled to be May 31, 2023; however, on May 30, 2023, DOE issued a final rule

delaying compliance “to allow DOE more time to establish enforcement procedures that provide

clarity for manufacturers and other stakeholders regarding DOE’s expectations of manufacturers

and DOE’s plans for enforcing the standards.”138 The compliance date was extended to July 1,

2025, for multi-section manufactured homes and until 60 days after DOE issues enforcement

procedures for single-section manufactured homes. DOE published a notice of proposed

132 42 U.S.C. §5403(d).

133 The Manufactured Housing Consensus Committee is established in statute at 42 U.S.C. 5403(a)(3).

134 42 U.S.C. §5404.

135 HUD, “Model Manufactured Home Installation Standards,” 72 Federal Register 59337-59395, October 19, 2007,

https://www.federalregister.gov/documents/2007/10/19/07-5004/model-manufactured-home-installation-standards. The

model installation standards are at 24 C.F.R. Part 3285.

136 For HUD’s discussion of public comments received related to the Model Manufactured Home Installation Standards

and preemption, see HUD’s final rule promulgating the model installation standards at 72 Federal Register 59338.

137 DOE, “Energy Conservation Program: Energy Conservation Standards for Manufactured Housing,” 87 Federal

Register 32728-32824, May 31, 2022, https://www.federalregister.gov/documents/2022/05/31/2022-10926/energyconservation-program-energy-conservation-standards-for-manufactured-housing.

138 DOE, “Energy Conservation Program: Energy Conservation Standards for Manufactured Housing; Extension of

Compliance Date,” 88 Federal Register 34411-34419, May 30, 2023.

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rulemaking to establish enforcement procedures on December 26, 2023, with a comment period

that closed on February 26, 2024.139

What Building Codes Apply to Federal Housing Programs?

The federal government supports the development and maintenance of housing through a range of

programs and activities, including grants, loans, mortgage insurance, rental assistance, and tax

credits. These programs may support new construction, rehabilitation, or acquisition of housing.

HUD administers many of these programs, but some are administered by other federal agencies.

In general, the federal government requires housing that is newly constructed or substantially

rehabilitated under most federal programs to meet one of the nationally recognized model

building codes or a state or local building code that meets standards set by the relevant federal

agency (such as being based on a nationally recognized model building code).140 Federal

programs may have additional requirements beyond SLTT codes and standards or the model

building codes for property durability, accessibility, fire safety, energy efficiency, and broadband

readiness that are established by federal laws and regulations.

For example, HUD has adopted Minimum Property Standards (MPS) that apply to newly

constructed housing under certain programs (see text box “HUD’s Minimum Property

Standards”). Some of the MPS requirements may exceed SLTT codes and standards, such as

minimum durability requirements for items such as doors, windows, gutters, kitchen cabinets, and

carpeting intended to ensure HUD-assisted or Federal Housing Administration (FHA)-insured

housing does not lose value because of deterioration of these items.

Other federal requirements that may apply include certain government-wide requirements

applicable to federal buildings and programs, including, but not limited to, federally related

housing. These include certain accessibility requirements (e.g., Section 504 of the Rehabilitation

Act of 1973 (P.L. 93-112 and the ADA) and fire safety requirements (e.g., sprinkler systems,

smoke detectors). Other laws or regulations establish requirements that apply to multiple housing

programs within or across agencies, such as HUD requirements related to broadband readiness,141

carbon monoxide detector requirements,142 and energy efficiency requirements.143 Finally, certain

program-specific property standards may apply, as discussed for specific examples below.

139 DOE, “Energy Conservation Program: Energy Conservation Standards for Manufactured Housing; Enforcement,”

88 Federal Register 88844-88854, December 26, 2023.

140 Although federal programs that support the acquisition of a property or provide rental subsidies to an existing

property generally also involve minimum quality standards, this section focuses on programs supporting new

construction or substantial rehabilitation.

141 In 2016, HUD finalized a rule requiring the installation of broadband infrastructure in all HUD-funded new

construction and substantial rehabilitation of multifamily housing. This requirement does not apply to properties that

only receive HUD-insured financing (through a Federal Housing Administration-insured mortgage) but does apply to

most major HUD grant-funded programs, including public housing, the Community Development Block Grant

program, the HOME Investment Partnerships Program, homeless assistance programs, and the project-based rental

assistance programs. There are exceptions to when the requirement applies, including when the cost of the installation

would cause an undue financial burden or would be infeasible. HUD, “Narrowing the Digital Divide Through

Installation of Broadband Infrastructure in HUD-Funded New Construction and Substantial Rehabilitation of

Multifamily Rental Housing,” 81 Federal Register 92626, December 20, 2016.

142 Recently enacted laws have expanded federal requirements related to carbon monoxide detectors in federally

assisted housing. See the Carbon Monoxide Alarms Leading Every Resident to Safety Act of 2019, enacted in Section

101 of Title I of Division Q of P.L. 116-260.

143 The Energy Independence and Security Act of 2007 (EISA, P.L. 110-140) amended the Cranston-Gonzalez National

Affordable Housing Act of 1990 to require HUD and the U.S. Department of Agriculture (USDA) to adopt energy

(continued...)

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HUD’s Minimum Property Standards

The U.S. Department of Housing and Urban Development (HUD) established and maintains Minimum Property

Standards (MPS) that apply to buildings constructed under HUD housing programs, including new single-family and

multifamily housing insured with Federal Housing Administration (FHA) financing and low-rent public housing.

Until the mid-1980s, HUD maintained separate MPS for different types of structures. Today, HUD instead

generally accepts model building codes and their reference standards or state, local, tribal, or territorial building

codes deemed acceptable by the HUD Secretary as fulfilling the requirements of MPS. Additionally, HUD has

adopted into MPS standards that go beyond those found in model building codes. These include durability

standards for items including, but not limited to, doors, windows, gutters and downspouts, painting and wall

covers, kitchen cabinets, and carpeting.

HUD’s MPS can be found in Minimum Property Standards for Housing, 1994 Edition, HUD Handbook 4910.1,

https://www.hud.gov/hudclips/handbooks/housing-4910-1.MPS regulations can be found at 24 C.F.R. 200 Subpart S.

For more information, see HUD, “MPS Supplementing Model Building Codes,” https://www.hud.gov/hud-partners/

minimum-property-standards-resources.

What Building Codes Apply to Federal Mortgage Insurance and

Loan Programs?

Multiple federal agencies—HUD’s FHA, the Department of Veterans Affairs, and the U.S.

Department of Agriculture’s Rural Housing Service—provide mortgage insurance, loan

guarantees, or direct loans for single-family or multifamily housing. In addition to complying

with applicable SLTT building codes and standards, properties securing mortgages made by one

of these entities also must comply with certain requirements set by the respective agency backing

the mortgage. In addition to ensuring housing financed with these mortgages is safe for residents,

these property standards are intended to ensure the housing is of sufficient quality to protect the

agency’s financial interests.

What Building Codes Apply to Federal Grant and Tax Credit Programs?

In addition to loans and mortgage insurance, the federal government provides support for

affordable housing development via grants and tax credits. Examples of federal requirements

applicable to various affordable housing programs are provided below.

•

The HOME Investment Partnerships Program provides formula grants to states

and localities that they can use for various affordable housing purposes. Although

the specific requirements vary depending on the type of activity, in general, the

housing must meet all applicable state and local codes, ordinances, and

requirements (or, in the absence of local building codes, the International

Residential Code (IRC), International Building Code (IBC), or International

Existing Building Code (IEBC)).144 For rental housing assisted with HOME

efficiency standards for newly constructed housing under certain programs. It also included provisions related to

adopting revisions to those standards. (See 42 U.S.C. §12709.) In April 2024, HUD and USDA published updated

standards in the Federal Register, adopting the 2021 International Energy Conservation Code and ASHRAE 90.1-2019

minimum energy efficiency standards for their covered programs. (HUD and USDA, “Final Affordability

Determination: Adoption of Energy Efficiency Standards for New Construction of HUD- and USDA-Financed

Housing,” 89 Federal Register 33112-33182, April 26, 2024.) Prior to this revision, the most recent standards were

adopted in 2015. The compliance dates vary by program and for certain communities (persistent poverty counties). In

March 2025, HUD extended the compliance dates for certain programs; see HUD, “Final Determination: Adoption of

Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing; Extension of HUD

Compliance Dates,” 90 Federal Register 11622, March 10, 2025.

144 HOME property standards are at 24 C.F.R. §92.251.

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•

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funds, the jurisdictions administering the funds must establish ongoing property

standards that apply for the duration of the affordability period and conduct

periodic inspections throughout the affordability period.145

Another HUD formula grant program, the Community Development Block Grant

(CDBG), provides funding to states and localities that can be used for a range of

community development activities, including certain housing-related activities

such as housing rehabilitation. Unlike HOME, there is no federal requirement for

housing that is rehabilitated using CDBG funds to meet applicable state and local

codes, although jurisdictions may set such requirements.146

In response to certain disasters, Congress sometimes provides supplemental

appropriations under CDBG authorities for long-term disaster recovery (CDBGDR) and mitigation activities (CDBG-MIT). CDBG-DR and CDBG-MIT are not

formally authorized, and rulemaking may vary in different disaster responses.

HUD typically has required CDBG-DR grantees to describe, in their action plans,

how they plan to support the adoption and enforcement of modern and/or

resilient building codes that mitigate against natural hazard risks, including

climate-related risks.147 HUD also has required that CDBG-MIT grantees

describe plans to follow the latest edition of published disaster-resistant model

building codes and standards (which could include the International Code

Council’s wildland urban interface codes as well as American Society of Civil

Engineers flood resistant standards (ASCE 24) and many hazard minimum

loading standards (ASCE 7), see “Model Building Codes” and “Standards”

sections).148

Public housing is a form of affordable rental housing owned by local public

housing authorities but funded by grants from, and governed by contracts with,

the federal government. When federally funded public housing properties are

being newly developed or redeveloped, they must meet HUD’s Minimum

Property Standards (see text box above). After public housing is constructed, it is

subject to periodic inspection by HUD inspectors, which evaluate the housing

against HUD-established minimum quality standards.149 These periodic

145 24 C.F.R. §92.251(f) and 24 C.F.R. §92.504(d). The minimum required affordability periods for HOME-assisted

rental housing range from 5 to 20 years, depending on the type of activity and the amount of HOME funds invested.

See 24 C.F.R. §92.252(e).

146 HUD, HOME and CDBG Guidebook, February 2012, pp. 31 and 63, https://files.hudexchange.info/resources/

documents/HOME-CDBGGuidebook.pdf.

147 For example, see HUD, “Allocations for Community Development Block Grant Disaster Recovery and

Implementation of the CDBG-DR Consolidated Waivers and Alternative Requirements Notice,” 87 Federal Register

6364-6392, February 3, 2022, https://www.federalregister.gov/documents/2022/02/03/2022-02209/allocations-forcommunity-development-block-grant-disaster-recovery-and-implementation-of-the. See also CRS Report R46475, The

Community Development Block Grant’s Disaster Recovery (CDBG-DR) Component: Background and Issues, by

Joseph V. Jaroscak.

148 HUD, “Allocations, Common Application, Waivers, and Alternative Requirements for Community Development

Block Grant Mitigation Grantees,” 84 Federal Register 45838-45871, August 30, 2019,

https://www.federalregister.gov/documents/2019/08/30/2019-18607/allocations-common-application-waivers-andalternative-requirements-for-community-development-block.

149 The current standards are called the Uniform Physical Condition Standards (UPCS). See HUD, “Uniform Physical

Condition Standards and Physical Inspection,” 63 Federal Register 46565-46850, September 1, 1998. HUD is in the

process of adopting new standards to replace UPCS, referred to as the National Standards for the Physical Inspection of

Real Estate (NSPIRE) standards. For more information, see HUD, “The Building of a New Inspection Model - National

Standards for the Physical Inspection of Real Estate (NSPIRE),” https://www.hud.gov/reac/nspire.

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inspections are intended to ensure HUD-assisted housing is decent, safe, sanitary,

and in good repair.

The Low-Income Housing Tax Credit (LIHTC) program provides federal tax

credits that developers can use to subsidize the development, rehabilitation, or

acquisition of affordable rental housing. The program is administered by the

Department of the Treasury, and its regulations require that, to qualify for credits

under the LIHTC program, a property must be suitable for occupancy, taking into

account local health, safety, and building codes.150 State agencies are required to

physically inspect LIHTC properties periodically throughout the program’s 15year compliance window. The state agency can choose to inspect the properties

using local health, safety, and building codes or HUD’s standards.151

What Building Codes May Apply to Qualify for the National Flood

Insurance Program?

Communities that participate in the National Flood Insurance Program (NFIP) must adopt

minimum floodplain management standards, which are set forth in regulations,152 to participate in

the NFIP.153 Though the standards appear in federal regulations, the standards have the force of

law only because they are adopted and enforced by a state or local government. These standards

are minimum requirements for NFIP participation; states and communities can elect to adopt

higher standards as a means of mitigating flood risk. NFIP minimum standards include, among

many other conditions, that communities (1) require permits for development in Special Flood

Hazard Areas (SFHAs);154 (2) require elevation of the lowest floor of all new residential buildings

in the SFHA to be at or above Base Flood Elevation;155 (3) restrict development in the regulatory

floodway to prevent increasing the risk of flooding; and (4) require certain construction materials

and methods that minimize future flood damage.156 These requirements apply to new construction

in the SFHA. In addition, when improvements to existing buildings meet the definition of

substantial improvement,157 or when damage meets the definition of substantial damage,158

communities must enforce the requirements to bring those structures into compliance with the

minimum standards for new construction. FEMA has produced guidance summarizing the floodresistant provisions of the 2021 International Code Council codes and American Society of Civil

150 Treas. Reg. §1.42-5(c) (1) (vi).

151 Treas. Reg. §1.42-5(c) (2) (ii).

152 See 44 C.F.R. Part 60, particularly 44 C.F.R. §60.3.

153 42 U.S.C. §4022(a)(1). See also CRS Report R47612, Building Resilience: FEMA’s Building Codes Policies and

Considerations for Congress, by Diane P. Horn and Erica A. Lee.

154 FEMA defines the Special Flood Hazard Area as an area with a 1% or greater risk of flooding every year.

155 FEMA defines Base Flood Elevation (BFE) as the water-surface elevation of the base flood, which is the 1%annual-chance flood, commonly called the 100-year flood. The probability is 1% that rising water will reach BFE

height in any given year.

156 44 C.F.R. §60.3.

157 44 C.F.R. §59.1 defines substantial improvement as any reconstruction, rehabilitation, addition, or other

improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the

“start of construction” of the improvement. This term includes structures that have incurred “substantial damage,”

regardless of the actual repair work performed. Floodplain management requirements for new construction apply to

substantial improvements.

158 44 C.F.R. §59.1 defines substantial damage as damage of any origin sustained by a structure whereby the cost of

restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure

before the damage occurred.

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Engineers flood resistant standards (ASCE 24-14) that represent higher standards than NFIP

requirements (see “Standards” section).159 It also has provided a summary of the flood-resistant

provisions of the 2024 international codes.160

What Building Codes May Apply for FEMA’s Hazard Mitigation

Assistance?

The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act, P.L. 100707), federal regulations, and FEMA policy generally require recipients of federal assistance to

comply with applicable building codes when conducting federally funded construction projects.

In particular, FEMA programs that provide funding for hazard mitigation require resilient

rebuilding.161 However, each FEMA grant program includes different code compliance

requirements, and FEMA’s 2022 Building Codes Strategy announced that the agency’s first goal

was to align building code policies across FEMA programs.162 In addition, several FEMA

programs may provide financial and technical assistance to SLTTs seeking funding for the

adoption of new building codes or the enforcement of existing codes. In November 2024, FEMA

released an updated playbook for jurisdictions adopting and enforcing building codes that

included an overview on relevant FEMA assistance.163

Some of FEMA’s authorities are in flux pending implementation of provisions enacted in

legislation, including the Disaster Recovery Reform Act of 2018 (DRRA; Division D of P.L. 11554). Many of DRRA’s changes enhanced FEMA’s authorities to require compliance with

consensus-based standards that may exceed locally adopted codes.164 For example, DRRA

amended Section 203 of the Stafford Act to permit FEMA pre-disaster mitigation funding for

communities to adopt and enforce the “latest published editions of relevant consensus-based

codes, specifications, and standards that incorporate the latest hazard-resistant designs.”165

159 FEMA, Building Code Requirements That Exceed or Are More Specific Than the National Flood Insurance

Program, May 2021, https://www.fema.gov/sites/default/files/documents/fema_building-code-exceed-nfipcomplete_2021.pdf.

160 FEMA, Flood-Resistant Provisions of the 2024 International Codes, https://www.fema.gov/sites/default/files/

documents/fema-flood-provisions-2024-international-codes.pdf.

161 CRS Report R47612, Building Resilience: FEMA’s Building Codes Policies and Considerations for Congress, by

Diane P. Horn and Erica A. Lee. For additional information on FEMA hazard mitigation, see CRS Report R46989,

FEMA Hazard Mitigation: A First Step Toward Climate Adaptation, by Diane P. Horn.

162 FEMA, Building Codes Strategy, March 2022, pp. 14-20.

163 FEMA, Building Codes Adoption, 2024.

164 For more information on changes in the Disaster Recovery Reform Act of 2018, see CRS Report R45819, The

Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected Statutory Provisions, coordinated by Elizabeth

M. Webster and Bruce R. Lindsay; and CRS Report R46776, The Disaster Recovery Reform Act of 2018 (DRRA):

Implementation Updates for Select Provisions, coordinated by Elizabeth M. Webster and Bruce R. Lindsay.

165 42 U.S.C. §5172(e)(1)(A); P.L. 115-254; CRS Report R46989, FEMA Hazard Mitigation: A First Step Toward

Climate Adaptation, by Diane P. Horn; CRS Report R45819, The Disaster Recovery Reform Act of 2018 (DRRA): A

Summary of Selected Statutory Provisions, coordinated by Elizabeth M. Webster and Bruce R. Lindsay.

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Building Codes, Standards, and Regulations: Frequently Asked Questions

Federal Role: Enhancing Codes

What Role Does the Federal Government Play in Enhancing

Building Performance?

Many federal agencies work to inform model building codes that can then be adopted and

enforced by SLTT building codes to enhance building performance (e.g., resiliency, efficiency,

environmental impact reduction). In addition, federal agencies may incentivize building owners

and communities to adopt enhanced model building codes (often beyond the SLTTs building

codes) through financial and technical assistance for building construction, operation and

maintenance, or repair (see “Federal Role: Code Requirements” section).

On June 1 2022, the Biden Administration announced a National Initiative to Advance Building

Codes (NIABC); this initiative outlined some federal agency activities to enhance codes.166 In

general, these activities can be categorized as research and development leading to enhanced

model building codes, assisting SLTTs in adopting and enforcing enhanced codes, and expanding

the federal government’s adoption and enforcement of enhanced codes for federal buildings and

military buildings. FEMA’s Mitigation Framework Leadership Group stood up the Building

Codes Task Force in 2022 to lead the NIABC effort. This task force is to submit annual progress

reports to the White House, describing the building code-related activities of individual federal

agencies as well as accomplishments of the task force and updated priorities.167

NIST, FEMA, and DOE have research and development activities to improve building codes.168

All three agencies also have programs to assist SLTTs in adopting and enforcing improved codes.

The CEQ, GSA, DOE, and EPA have activities to enhance codes for federal buildings and

military buildings. In particular, the NIABC calls for federal building performance standards

developed by these agencies and departments to include a net-zero emissions building portfolio

by 2045.169

Below are frequently asked questions about specific activities directed toward specific building

performance goals, such as fire safety, energy efficiency, and resiliency.

166 The White House, “Biden-Harris Administration Launches Initiative to Modernize Building Codes, Improve

Climate Resilience, and Reduce Energy Costs,” fact sheet, June 1, 2022, https://bidenwhitehouse.archives.gov/briefingroom/statements-releases/2022/06/01/fact-sheet-biden-harris-administration-launches-initiative-to-modernize-buildingcodes-improve-climate-resilience-and-reduce-energy-costs/.

167 See FEMA, Mitigation Framework Leadership Group Progress Report: National Initiative to Advance Building

Codes, December 20, 2022; and FEMA, Mitigation Framework Leadership Group Progress Report: National Initiative

to Advance Building Codes, December 20, 2023. The 2022 and 2024 progress reports were not available online as of

March 31, 2025.

168 CRS Report R47215, Hazard-Resilient Buildings: Sustaining Occupancy and Function After a Natural Disaster, by

Linda R. Rowan; and CRS Report R47612, Building Resilience: FEMA’s Building Codes Policies and Considerations

for Congress, by Diane P. Horn and Erica A. Lee.

169 The White House, “Biden-Harris Administration Launches Initiative to Modernize Building Codes, Improve

Climate Resilience, and Reduce Energy Costs,” fact sheet, June 1, 2022, https://bidenwhitehouse.archives.gov/briefingroom/statements-releases/2022/06/01/fact-sheet-biden-harris-administration-launches-initiative-to-modernize-buildingcodes-improve-climate-resilience-and-reduce-energy-costs.

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Building Codes, Standards, and Regulations: Frequently Asked Questions

What Role Does the Federal Government Play in Tracking Building

Code Adoption and Enforcement?

The federal government tracks the types of building codes in use to understand the strengths,

weaknesses, opportunities, and threats to building stock in the United States and its territories.

For example, FEMA tracks building codes in use by SLTTs and notes that some of these codes

include hazard resistant design elements, which may improve a building’s ability to withstand a

disaster.170

Energy codes for energy efficiency and conservation for commercial and residential buildings

may be adopted and enforced by various SLTTs. DOE tracks energy codes in use by states.171

What Role Does the Federal Government Play in Copyright

Protection for Standards Incorporated by Reference?

Federal and SLTT entities commonly adopt a model building code or a standard from a standards

developing organization by incorporating such model codes or standards into law or regulation by

reference.172 Other incorporated by reference (IBR) standards may serve as a reference or as a

guidance but do not formally impose legal obligations. Federal regulations require that IBR

standards in regulations be made “reasonably available to interested parties.”173 SLTTs may have

their own policies regarding access to IBR standards.174

Standards are typically considered original works of authorship entitled to copyright protection.175

SDOs often sell copies of their standards, in some cases to recoup the cost of developing the

standards. Under copyright protection, third parties are prevented from making or distributing

unauthorized copies of standards. Many SDOs also may make their standards available in some

form online. For decades, federal courts have considered competing legal arguments about the

copyright of IBR standards. Third-party organizations have argued that IBR standards lose

copyright protection once they are incorporated into law or that they are permitted to publish IBR

standards on third-party sites or materials, under the fair use doctrine. Courts have not reached a

consensus about copyright protection for IBR standards. Bills considered in th

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Building Codes, Standards, and Regulations: Frequently Asked Questions · R47665 | Frix