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CBO
In a recent proposal for the 2021 International Residential Code (IRC), FEMA’s Gregory Wilson and Rebecca Quinn (whom I know well from working with her on my town’s floodplain ordinance) pushed for a change that shifts a key responsibility from the permits section to the duties of the building official. This may seem like a minor organizational adjustment, but it’s important for building officials and those of us dealing with floodplain management.
The crux of the change moves the determination of whether a project constitutes a “substantial improvement” or repair of “substantial damage” from Section R105 (Permits) to Section R104 (Duties and Powers of the Building Official). Why? Because it makes sense to have this determination listed under the duties and powers of the building official, which is already how it’s handled in the IBC and IEBC. Essentially, this relocation aligns the IRC with those other codes without changing the technical content.
What does this mean practically? It ensures that the building official is directly responsible for determining whether improvements or repairs in flood hazard areas trigger substantial improvement rules—where the cost of repairs or improvements equals or exceeds 50% of the building’s pre-damage market value. Once this threshold is met, the entire building must comply with floodplain standards in Section R322, which is critical in areas like mine that are vulnerable to flooding.
The public hearing results were unanimous, and the committee saw this as a smart organizational move, which helps clarify responsibilities. There’s no impact on construction costs since it’s just a relocation of the provision.
This kind of adjustment reflects FEMA's continuous effort to streamline the code to improve clarity for building officials and code enforcement. For those of us managing floodplain areas, this just makes the process more efficient by putting responsibilities where they logically belong.
The crux of the change moves the determination of whether a project constitutes a “substantial improvement” or repair of “substantial damage” from Section R105 (Permits) to Section R104 (Duties and Powers of the Building Official). Why? Because it makes sense to have this determination listed under the duties and powers of the building official, which is already how it’s handled in the IBC and IEBC. Essentially, this relocation aligns the IRC with those other codes without changing the technical content.
What does this mean practically? It ensures that the building official is directly responsible for determining whether improvements or repairs in flood hazard areas trigger substantial improvement rules—where the cost of repairs or improvements equals or exceeds 50% of the building’s pre-damage market value. Once this threshold is met, the entire building must comply with floodplain standards in Section R322, which is critical in areas like mine that are vulnerable to flooding.
The public hearing results were unanimous, and the committee saw this as a smart organizational move, which helps clarify responsibilities. There’s no impact on construction costs since it’s just a relocation of the provision.
This kind of adjustment reflects FEMA's continuous effort to streamline the code to improve clarity for building officials and code enforcement. For those of us managing floodplain areas, this just makes the process more efficient by putting responsibilities where they logically belong.