Building Codes, Standards, and Regulations: Frequently Asked Questions
Congressional research reportApr 23, 2025
Ask Donna
What actually matters in this document.
Text
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
Congressional Research Service
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
Congressional Research Service
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.
Congressional Research Service
1
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).
Congressional Research Service
2
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.
Congressional Research Service
3
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.
Congressional Research Service
4
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)).
Congressional Research Service
5
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.
Congressional Research Service
6
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.
Congressional Research Service
7
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).
Congressional Research Service
8
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.
Congressional Research Service
9
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.
Congressional Research Service
10
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.
Congressional Research Service
11
Building Codes, Standards, and Regulations: Frequently Asked Questions
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/.
Congressional Research Service
12
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.
Congressional Research Service
13
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...)
Congressional Research Service
14
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.
Congressional Research Service
15
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
16
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
17
Building Codes, Standards, and Regulations: Frequently Asked Questions
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).
Congressional Research Service
18
Building Codes, Standards, and Regulations: Frequently Asked Questions
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/.
Congressional Research Service
19
Building Codes, Standards, and Regulations: Frequently Asked Questions
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
Congressional Research Service
20
Building Codes, Standards, and Regulations: Frequently Asked Questions
•
•
•
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.”)
Congressional Research Service
21
Building Codes, Standards, and Regulations: Frequently Asked Questions
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
Congressional Research Service
22
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
23
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
24
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
25
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
26
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
27
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
28
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
29
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
30
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
31
Building Codes, Standards, and Regulations: Frequently Asked Questions
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...)
Congressional Research Service
32
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
33
Building Codes, Standards, and Regulations: Frequently Asked Questions
•
•
•
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.
Congressional Research Service
34
Building Codes, Standards, and Regulations: Frequently Asked Questions
•
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.
Congressional Research Service
35
Building Codes, Standards, and Regulations: Frequently Asked Questions
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.
Congressional Research Service
36
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.
Congressional Research Service
37
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
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.