Testimony of Richard T. Anderson, President New York Building Congress before New York City Council Committee on Housing and Bui

June 24, 2005

On November 30, 2004, I testified before this committee in support of Intro. 478, the blueprint bill for the International Building Code (IBC). This bill sets forth a process for reviewing the IBC, amending it to reflect NYC’s particular needs, and then incorporating it into a final NYC Code. The Building Congress continues to support the IBC and encourages this Committee to endorse this important legislation.

The Building Congress is a leadership coalition of the design, construction and real estate industry. Our members represent all aspects of construction, from the architects that draw plans for buildings to the construction companies that raise the structures to the organizations that manage the finished product.

The New York City Building Code has not undergone a significant revision since 1968 in spite of advances in the building industry. Adoption of the IBC would not only modernize the building code and bring it into conformity with the codes of 44 states; it will set up mechanisms for future review and revision every three years. This will ensure that the City’s building code remains on the cutting edge of building technology.

Members of the Council are aware of a competing code before the Council’s consideration, the NFPA 5000. We believe the NFPA 5000 is an inferior code and its implementation would be detrimental to our industry. The NFPA 5000 is a new code. Few localities have adopted it, and it was rejected by Dallas, Denver, and Phoenix when they considered updating their codes. The NFPA has no past experience with a complete model code. As we stated in our November 30 testimony, New York City, with its unique building density, height and security needs, should not adopt a code whose efficiency and success has not been tested.

Conversely, the IBC is based on three national codes that have been in effect for decades, and therefore, has a wealth of experience and history behind it. The International Code Council, the organization that wrote the IBC, has extensive experience in writing codes, and it offers a superb information support system. The IBC is coordinated, comprehensive and undergoes regular reviews and updates.

Under the leadership of Building’s Commissioner Patricia Lancaster, the design, construction and real estate industry worked closely with the City to modify the IBC to fit New York’s unique building environment. This continuing dialogue is allowing the best provisions of the City’s building code to be merged with the IBC, particularly in regard to the City’s stringent safety and high-density building standards. Unlike the NFPA, the IBC code has been tailored to New York City’s needs. In tailoring the IBC to the City’s needs, it was recognized that the one area where the NFPA excelled was in regard to fire protection. Accordingly, the NFPA’s fire protection guidelines were integrated into the IBC.

By voting in favor of the IBC, the City Council Committee on Housing and Buildings is ensuring that New York City will adopt a building code that is proactive and shaped in collaboration with the organizations that are governed by it.

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