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Governor asking lawmakers for statewide home building code
Author: Jeannie Naujeck
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02/06/2009
Nashville Business Journal
Publication Article »
When Phil Bredesen exits the state Capitol for good, he plans to turn off his high-efficiency lights.
When he closes the door on his final term, he hopes to leave Tennessee with a statewide residential building code and a legacy as one of the nation’s most energy efficient state governments.
Bredesen is pushing for an energy bill which would enact a statewide residential building code in every jurisdiction in Tennessee and provide support to enforce it, as well as establish an energy efficiency program for state government that updates millions of square feet of office buildings.
If the governor can find a way to pay for it that doesn’t add to the state’s budget woes, the effort could receive bipartisan support in the Legislature, which returns for session on Monday.
What the governor wants to change is a state law that exempts single- and two-family housing from any statewide building code. Of 95 counties in Tennessee, about one quarter have adopted a residential building code, according to data from the Tennessee Department of Commerce and Insurance.
Building codes — which address wiring, fire safety, sanitation, exits, structural stability and more — are intended for residents’ safety and welfare, and it’s hard to find a building official in counties without codes who opposes such a measure. Many municipalities in counties without codes, such as the city of Hohenwald in Lewis County, have enacted their own.
“I’ve talked to people in rural counties who bought houses and learned they weren’t built to code,” says Terry Cobb, director of codes for Nashville/Davidson County and a former member of the board of directors of the International Code Council. “I hope it’s proposed, and I hope the Legislature thinks about it.”
What concerns county officials is adding extra code enforcement staff in an economy where budgets are squeezed.
But the bill would also provide resources to help counties enforce the code, says Will Pinkston, senior advisor to the governor.
“The notion is to talk to these local governments and see how they want to approach this. It would extend to jurisdictions in a way that doesn’t burden them,” he says. “It will not be an unfunded mandate.”
Home building left out
Building codes are developed by the International Code Council, which updates its codes every three years. The 2009 edition of the standard International Residential Code will be available to states by the end of March.
Tennessee abides by the International Building Code for everything except one- and two-family homes. Homebuilding standards have largely been left up to jurisdictions.
Most densely populated Middle Tennessee counties, including Davidson, Sumner and Williamson, have adopted the comprehensive International Residential Code. But others, such as neighboring Wilson County, have not.
Bobby Sloan, building inspector for Wilson County, estimates it would cost about $300,000 to hire inspectors, an assistant and vehicles to enforce a code.
“It’s been looked into in the past and would probably come up again if building hadn’t slowed down,” he says.
But Tim Ward, president of the Tennessee Code Officials Association and chief building official for Oak Ridge, says the state needs to enforce a standard.
“Tennessee is not alone, but we’re kind of backward in not adopting a statewide residential code,” Ward says.
Ward says the cost of building to a code might require some adjustment for builders, but says the financial impact would be minimal.
“It’ll be a change, but it’s not going to bankrupt them,” Ward says.
The Home Builders Association of Tennessee says it would support the initiative, to clear up confusion and create safer homes for consumers.
“It would help anyone in the building industry to know what they’re building to and have everybody playing from the same book,” says Susan Ritter, the association’s executive vice president.
Energy efficiency key
The codes issue would be tackled in energy legislation expected to be introduced in coming weeks. Legislation would likely be spearheaded in the House by Rep. Les Winningham, D-Huntsville, a member of the Governor’s Task Force on Energy Policy.
Besides adopting the residential code, which broadly covers all aspects of home construction, the same task force has recommended adoption of the new 2009 International Energy Conservation Code — a code that largely mirrors the energy efficiency chapter of the residential code but is more detailed and serves as the basis for federal tax credits for energy-efficient homes. The 2009 code is 15 percent more energy efficient than the previous version.
If states adopt the 2009 energy conservation code, they could be eligible for some of the $3.4 billion in energy assistance grants included in the federal economic stimulus bill already passed by the U.S. House of Representatives and currently under discussion in the Senate. Those monies could be used to help pay for the counties’ enforcement costs.
Ward says a move toward a “greener” code is inevitable and thinks building officials like himself will support it.
“I think you’ll see states and municipalities moving in that direction. We talk a lot about our carbon footprint in Oak Ridge,” he says.
The bill would also establish a program to make state government buildings and auto fleets more energy efficient. The state could “lead by example” by updating some 30 million square feet of state government office buildings that account for half of the state’s energy costs, Pinkston says.
Chris Ford, executive director of Tennessee Conservation Voters, thinks such a program would receive bipartisan support, especially if the investment could be recouped in long-term cost savings.
Energy conservation programs have been successful in Sumner and Sullivan counties, he says, and there are plenty of examples of businesses that have cut costs by cutting energy usage.
“It’s exactly what our government should be doing,” he says. “Why not invest in retrofitting that will only save us money? It’s a responsible thing to do with the people’s money.”
The program would bond out the work to retrofit buildings and replace lighting, mechanical, heating and air conditioning units that have run their course with Energy Star compliant units. The savings in energy costs would pay off the bond, Pinkston says.