AN ACT concerning Building Rehabilitation Codes.

Section 1. Short Title.

This Act shall be known and may be cited as the “Building Rehabilitation Code Act.”

Section 2. Findings and Declarations.

The Legislature finds and declares the following:

(A) In this era of rapid population growth, while new residential and commercial development consumes agricultural land, forests, and other undeveloped land, thousands of existing buildings in our communities are not being fully utilized or are abandoned. Many existing buildings contain historic architectural elements that are in danger of deteriorating or being lost;

(B) The migration of businesses and residents out of our cities and towns threatens the economic vitality, health, and safety of the citizens living in these communities;

(C) Vacant and underutilized buildings pose a threat to the health, safety, and welfare of the citizens of the State;

(D) There is private and public interest in rehabilitating older buildings, which would be enhanced if regulatory procedures and standards regarding rehabilitation and reuse are made predictable, consistent, and flexible;

(E) The rehabilitation of existing buildings in <insert state name> communities is often hampered by certain constraints in the building construction regulatory system;

(F) The many existing codes that apply to rehabilitation projects are sometimes conflicting and overlapping and vary from jurisdiction to jurisdiction, posing a challenge to redevelopment;

(G) The United States Department of Housing and Urban Development and the National Association of Home Builders Research Center have developed a model rehabilitation code known as the Nationally Applicable Recommended Rehabilitation provisions; and

(H) Building construction regulatory procedures and standards for the rehabilitation of existing buildings will be improved by the adoption of a consistent statewide building rehabilitation code in <insert state name>.

Section 3. Definitions.

For the purposes of this Act, the terms below are defined as follows:

(A) “Addition” means an increase in:

(1) Building area;

(2) Aggregate floor area;

(3) Height; or

(4) Number of stories of a building or structure.

(B) “BRC” means the <insert state name> Building Rehabilitation Code.

(C) “Change of occupancy” means a change in the purpose or level of activity within a structure that involves a change in application of the requirements of the local building code.

(D) “Construction permit application” means any application made to a local jurisdiction for a permit or other government approval for a rehabilitation project.

(E) “Department” means the Department of Housing and Community Development <or insert your state’s equivalent>.

(F) “Existing building” means any building or structure that was erected and occupied or issued a certificate of occupancy at least one year before a construction permit application for that building or structure was made to a local jurisdiction.

(G) “Local jurisdiction” means any county, city, or municipality in <insert state name>.

(H) “Modification” means the:

(1) Reconfiguration of any space;

(2) Addition or elimination of any door or window;

(3) Reconfiguration or extension of any system; or

(4) Installation of any additional equipment.

(I) “Reconstruction” means:

(1) The reconfiguration of a space which affects an exit or element of the egress access shared by more than a single occupant;

(2) The reconfiguration of space such that the work area is not permitted to be occupied because existing means of egress and fire protection systems, or their equivalent, are not in place or continuously maintained; or

(3) Extensive modifications.

(J) “Rehabilitation project” means any construction work undertaken in an existing building that includes repair, renovation, modification, reconstruction, change of occupancy, or addition.

(K)

(1) “Renovation” means the:

(a) Change, strengthening, or addition of load bearing elements; or

(b) Refinishing, replacement, bracing, strengthening, upgrading, or extensive repair of existing materials, elements, components, equipment, or fixtures.

(2) “Renovation” does not include:

(a) Reconfiguration of space; or

(b) Interior and exterior painting.

(L) “Repair” means the patching, restoration, or minor replacement of materials, elements, components, equipment, or fixtures for the purposes of maintaining these materials, elements, components, equipment, or fixtures in good or sound condition.

Section 4. Provisions.

The provisions of this Act shall be effective notwithstanding any other provisions of state law. The provisions of this Act do not supersede the planning, zoning, or subdivision authority of <insert local jurisdictions here>.

Section 5. Adoption of the Building Rehabilitation Code.

(A) The Department, in cooperation with the Building Rehabilitation Code Advisory Council (as created under section 7), the Department of Labor, Licensing, and Regulation <or insert your state’s equivalent>, and the State Fire Marshal <or insert your state’s equivalent>, shall adopt by regulation the <insert state name> Building Rehabilitation Code. The BRC shall be modeled on the nationally applicable recommended rehabilitation provisions developed by the United States Department of Housing and Urban Development and the National Association of Home Builders Research Center.

(B) The purpose of the Building Rehabilitation Code is to encourage and facilitate the rehabilitation of existing buildings by reducing the costs and constraints on rehabilitation resulting from existing procedures and standards.

(C)

(1) As provided under the <insert state name> Administrative Procedure Act <or insert your state’s equivalent>, the Department shall:

(a) Submit to the Joint Committee on Administrative, Executive, and Legislative Review <or insert your state’s equivalent> the proposed regulations to adopt the BRC on or before <suggest a date 6 months after the effective date of this Act>; and

(b) Adopt the BRC as soon as possible thereafter.

(2) The Department, in cooperation with the Building Rehabilitation Code Advisory Council, shall review the BRC and adopt any necessary or desirable revisions at least every 3 years.

(D) Except as otherwise permitted in this Act, and notwithstanding any relevant provisions of existing state building codes, mechanical codes, plumbing codes, fire prevention codes, and electrical codes adopted thereunder, the BRC shall apply to all rehabilitation projects for which a construction permit application is received by a local jurisdiction or Planning Commission after adoption of the BRC.

(E) Within 90 days after the adoption of the BRC or any subsequent changes to the BRC:

(1) The Department of Labor, Licensing, and Regulation, the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors, the State Board of Plumbing, and the Board of Boiler Rules <or insert equivalent departments and agencies for your state> shall submit proposed changes to their regulations to make the Mechanical Code, the Plumbing Code, the Boiler Safety Code, and the Elevator Code <or insert your state’s equivalent for these codes> consistent with the BRC;

(2) The Department of State Police and the State Fire Prevention Commission <or insert equivalent departments and agencies for your state> shall submit proposed changes to their regulations to make the State Fire Prevention Code <or insert your state’s equivalent for this code> consistent with the BRC; and

(3) The Department shall submit proposed changes to its regulations to make the <insert state name> Building Performance Standards, the Safety Glazing Code, the Energy Code, and the Accessibility Code <or insert your state’s equivalent for these codes> consistent with the BRC.

(F)

(1) A local jurisdiction may adopt local amendments to the BRC that apply only to the local jurisdiction.

(2) Only a local jurisdiction that does not amend the BRC shall be eligible for any funding appropriated in conjunction with this Act.

Section 6. Minimum Provisions of the Building Rehabilitation Code.

(A) The BRC shall, at a minimum:

(1) Maintain a level of safety consistent with existing codes, and provide for multiple categories of work with multiple compliance standards;

(2) Be enforceable by local officials using existing enforcement procedures;

(3) Apply to repair, renovation, modification, reconstruction, change of occupancy, and addition to an existing building;

(4) Provide an expedited review process for proposed amendments to the BRC submitted by a local government or an organization that represents local governments; and

(5) Contain provisions that provide an opportunity for a person proposing a complex rehabilitation project involving multiple codes, prior to the submission of a construction permit application, to meet with local officials or their designees responsible for permit approval and enforcement in construction related laws and regulations that may be applicable to the rehabilitation project.

(B) The meeting provided under subsection (A)(5) of this section shall, to the extent possible, include the officials responsible for permit approval and enforcement in the following areas, as may be applicable to the rehabilitation project:

(1) Building code;

(2) Mechanical code;

(3) Plumbing code;

(4) Electrical code;

(5) Fire prevention code;

(6) Boiler safety code;

(7) Energy code;

(8) Elevator code; and

(9) Local historic preservation ordinances.

(C) The purpose of the meeting provided for under subsection (A)(5) of this section shall be to anticipate and expedite the resolution of problems a complex rehabilitation project may have in complying with the applicable laws and regulations and the BRC.

Section 7. Advisory Council.

(A) There shall be a <insert state name> Building Rehabilitation Code Advisory Council comprised of 28 members as follows:

(1) The Secretary of Housing and Community Development <or insert your state’s equivalent> or designee;

(2) The Secretary of Labor, Licensing, and Regulation <or insert your state’s equivalent> or designee;

(3) The State Fire Marshal <or insert your state’s equivalent> or designee;

(4) The State Historic Preservation Officer <or insert your state’s equivalent> or designee;

(5) The Director of the Governor’s Office for Individuals with Disabilities <or insert your state’s equivalent> or designee;

(6) The Director of the Department of the Environment <or insert your state’s equivalent> or designee; and

(7) Twenty-two members appointed by the Governor, including:

(a) A representative of the State Fire Prevention Commission <or insert your state’s equivalent>;

(b) Four representatives of the building trades who are directly involved or have experience in code setting or enforcement, including plumbers, electricians, heating, ventilation, air-conditioning, and refrigeration contractors, and boiler operators;

(c) Two architects practicing in the State whose practice involves a significant portion of rehabilitation projects;

(d) A professional engineer;

(e) Two contractors specializing in rehabilitation construction;

(f) Two representatives of county government;

(g) Two representatives of municipal government;

(h) Two building code officials serving local government;

(i) A commercial and industrial building owner or developer;

(j) A multifamily building owner or developer;

(k) Two local fire officials; and

(l) Two members of the general public.

(B)

(1) From among the members of the Council, the Governor shall designate a chairman.

(2) The composition of the Council should reflect the race, gender, and geographic diversity of the population of the State.

(C)

(1) The term of an appointed member is 4 years.

(2) The terms of appointed members shall be staggered. The Governor shall specify 5 appointed members to serve a first term of 1 year; 5 appointed members to serve a first term of 2 years; 6 appointed members to serve a first term of 3 years; and 6 appointed members to serve a first term of 4 years.

(3) At the end of a term, a member continues to serve until a qualified successor is appointed.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(5) An appointed member may serve no more than two terms.

(6) A member shall serve without compensation and shall be reimbursed for expenses in accordance with the Standard State Travel Regulations <or insert your state’s equivalent for these regulations>.

(D) The Council shall:

(1) Advise the Department on the development, adoption, and revisions to the BRC;

(2) Provide technical advice on the interpretation of the BRC to property owners, design professionals, contractors, local jurisdiction code officials, and local jurisdiction code appeal boards;

(3) To the extent possible, develop the BRC to seek to avoid increased costs to local jurisdictions arising from implementation of the BRC;

(4) To the extent provided in the State budget, provide training on the BRC for code officials and other public and private construction-related professionals.

(E) The Council shall have a Director, appointed by the Secretary of Housing and Community Development <or insert your state’s equivalent>. The Director shall be a special appointee in the State Personnel Management System <or insert your state’s equivalent>.

Section 8. Effective Date.

The provisions of this Act shall be effective on <insert date>.

Section 9. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.