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July 9, 2023 Newswires
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Congressional Research Service: 'Building Resilience – FEMA's Building Codes Policies and Considerations for Congress' (Part 1 of 3)

Targeted News Service

WASHINGTON, July 9 -- The Congressional Research Service issued the following report (No. R47612) on June 27, 2023, entitled "Building Resilience: FEMA's Building Codes Policies and Considerations for Congress" by Diane P. Horn, flood insurance and emergency management specialist, and Erica A. Lee, emergency management and disaster recovery analyst.

Here are excerpts:

* * *

SUMMARY

The built environment plays a critical role in determining the severity of a natural hazard's impact on a community. How many lives are lost, how long a recovery takes, and how many dollars would be needed if rebuilding often depends upon the structural integrity of the buildings struck by the tornado, hurricane, fire, earthquake, flood, or other natural disaster. For this reason, experts and agencies promoting hazard resiliency often focus on the development, adoption, and enforcement of hazard-resilient building codes and design standards.

In recent years, Congress has increasingly acknowledged how buildings and building codes may determine the expense and severity of a disaster. Yet the federal government exercises little direct control over building codes. In general, subfederal governments exercise authority over how building codes are developed, adopted, and enforced.

Congress has authorized the Federal Emergency Management Agency (FEMA) to utilize a range of policy tools that may promote a resilient built environment and enforcement of hazard-resistant building codes despite the limitations on federal authorities. Under both long-standing and recently enacted statutory authorities, FEMA may provide funding to states and localities to adopt and enforce hazard-resilient building codes, require that federally-funded reconstruction efforts adhere to recent hazard-resistant building codes, and restrict federal funding to rebuild in certain hazard-prone areas. FEMA has, in turn, recently taken a range of actions to promote the adoption and enforcement of hazard-resistant building codes across the country, and monitored the weakening or absence of building codes at the subfederal level.

FEMA's authorities with respect to building codes have generated a number of policy discussions. Issues facing the 118th Congress include determining the proper role of the federal government in building code and land use policy, how to develop hazard-resistant building codes in an age of climate change, and how to ensure that code requirements align with FEMA's goals to promote equitable disaster recovery and ensure the fair treatment of survivors.

Congress has seen significant legislation introduced in recent years to address the causes and consequences of climate change - including appropriations and new authorities that enhance FEMA's building code policies and related activities. Several recent hearings dedicated to FEMA oversight have centered on the agency's response to the hazards that climate change may intensify or make more frequent. In addition, FEMA itself has made climate adaptation a top priority in its FY2022-26 Strategic Plan. Congress's potential enhancement of these authorities and oversight of existing authorities could strengthen FEMA's role in promoting hazard-resistant building code compliance or, conversely, modify or limit FEMA's work in this policy area. This report summarizes this background, discusses FEMA's role in building code adoption and compliance, and offers relevant considerations for Congress.

* * *

Contents

Introduction ... 1

Value of Building Codes ... 2

Building Codes and FEMA: Background ... 4

State, Local, Federal, and Nonfederal Roles ... 4

Role of the International Code Council and Code-Development Organizations ... 4

Federal Role ... 4

Building Codes Adoption and Enforcement Shortfalls ... 5

Developing Hazard-Resistant Codes in an Age of Climate Change ... 6

Reliance on Historic Hazard Data ... 6

Incorporating Climate Risk into Building Standards ... 7

Federal Authorities and Limitations ... 8

Land Use Planning and Hazard Zones ... 9

FEMA's Authorities and Land Use Planning ... 10

Mitigation Plans ... 10

Community Disaster Resilience Zones ... 11

The Federal Flood Risk Management Standard ... 12

National Flood Insurance Program Requirements Related to Planning and Building Codes ... 14

FEMA: Code Requirements for Funded Projects ... 15

Code Requirements: Authorities, Developments, and Variations Across Programs ... 15

Building Code Development, Adoption, Enforcement: FEMA Assistance and Incentives ... 16

Public Assistance ... 16

Hazard Mitigation Assistance ... 20

Hazard Mitigation Grant Program ... 20

Safeguarding Tomorrow Revolving Loan Fund Program ... 20

Flood Mitigation Assistance Grant Program ... 21

Building Resilient Infrastructure and Communities ... 21

National Flood Insurance Program ... 24

Additional FEMA Technical Assistance ... 26

FEMA: Building Codes Advocacy and Leadership ... 26

Research and Development ... 26

Multiagency Coordination ... 26

Public Awareness ... 27

Monitoring Building Code Adoption ... 27

Considerations for Congress ... 28

Building Codes and Equity ... 28

Streamlining and Standardizing Post-Disaster Federal Building Codes Requirements ... 30

FEMA Assistance in Hazard Zones ... 30

FEMA, Clean Energy, and Building Codes ... 31

FEMA and Rebuilding for Future Conditions ... 32

Concluding Comments ... 34

Figures

Figure 1. Vertical Elevation and Horizontal Extent of the Federal Flood Risk Management Standard Floodplain ... 13

Figure 2. State and Territory Building Code Status for BRIC Awards ... 22

Figure 3. Building Code Adoption Portal ... 28

Tables

Table 1. Key FEMA Authorities Related to Building Codes and Standards ... 8

Table 2. FEMA Building Code Requirements by Program ... 17

Table 3. FEMA Incentives and Assistance for SLTT Building Code Work ... 25

Appendixes

Appendix. Chronology of Recent FEMA Actions ... 35

Contacts

Author Information ... 36

* * *

Introduction

In 1990, a representative of the Federal Emergency Management Agency (FEMA) testified before Congress that "earthquakes do not kill people, the built environment does."/1

This saying, as well as similar sentiments, has been included in testimony since at least 1973, well before FEMA existed./2

According to seismologists and other experts, it is not seismic shaking but "the collapse or failure of ... structures ... that ... kill most of the people in an earthquake."/3

Emergency managers and engineers have long echoed the point that the nature of the built environment often determines the severity of a disaster no matter whether the inciting event is an earthquake, hurricane, flood, or fire. How buildings withstand seismic shaking, high winds, floodwaters, or falling embers may determine the number of casualties, how long the power is out, and how many millions of dollars would be needed if rebuilding. The potential for hazards to become dangerous, disruptive, or costly often depends on where and how people build./4

Nearly one-third of the U.S. housing stock is considered to be at high risk of a natural disaster./5

Given that Americans are estimated to spend approximately 90% of their time indoors,/6 individuals are most likely to experience a hazard inside of a building. The impacts of natural hazards are expected to increase during the useful lifetime of much existing and new U.S. property and infrastructure,/7 placing an increasing burden on federal, state, and local governments, as well as individuals and businesses.

For these reasons, FEMA and other federal agencies have long stressed the importance of hazard-resistant building codes and land use policy as a means to mitigate disaster losses. The federal government, however, exercises limited control over such codes and policies. The authority to adopt, administer, and enforce building codes and facilitate land use largely resides with state, tribal, territory, and local governments (SLTTs), which do not consistently exercise these authorities. FEMA has found most jurisdictions lack hazard-resistant codes, and 35 states received FEMA's lowest ranking for adopting hazard-resistant building codes./8

* * *

1 Statement of Grant C. Peterson, Federal Emergency Management Agency (FEMA), U.S. Congress, House Committee on Banking, Finance and Urban Affairs, Subcommittee on Policy Research and Insurance, Earthquakes and Earthquake Insurance, hearing, 101st Cong., 2nd sess., February 7, 1990, p. 82.

2 See, for example, Statement of State of California State Geologist Wesley Bruer, U.S. Congress, Senate Committee on Commerce, Subcommittee on Oceans and Atmosphere, Earthquakes, hearings, 93rd Cong., 1st sess., April 26-27, 1973, p. 101 (hereinafter Senate Oceans and Atmosphere, Earthquakes); U.S. Congress, House Committee on Appropriations, Department of the Interior and Related Agencies Appropriations for 1990, hearings, 101st Cong., 1st sess., March 2, 1989, p. 570.

3 Senate Oceans and Atmosphere, Earthquakes, p. 99.

4 See, for an exemplary discussion of this point, Ian Kelman, Disaster by Choice: How Our Actions Turn Natural Hazards Into Catastrophes (New York: Oxford University Press, 2022).

5 CoreLogic, "Risk Redefined: CoreLogic Climate Change Catastrophe Report Emphasizes Need to Address Increasing Frequency of Hazard Events," January 27, 2021, https://www.corelogic.com/press-releases/risk-redefined-corelogicclimate-change-catastrophe-report-emphasizes-need-to-address-increasing-frequency-of-hazard-events/.

6 U.S. Environmental Protection Agency (EPA), "The Inside Story: A Guide to Indoor Air Quality," https://www.epa.gov/indoor-air-quality-iaq/inside-story-guide-indoor-air-quality.

7 Multihazard Mitigation Council, National Institute of Building Sciences, Natural Hazard Mitigation Saves, 2017 Interim Report, Washington, DC, December 2017, p. 17, https://www.fema.gov/sites/default/files/2020-07/fema_ms2_interim_report_2017.pdf.

8 FEMA, "2023 Building Code Adoption Tracking Overview," March 2023, https://www.fema.gov/sites/default/files/documents/fema_bcat-report-about_fy2023.pdf.

* * *

To encourage resilience, Congress has authorized FEMA and other federal officials to incentivize SLTT adoption and enforcement of hazard-resistant building codes and land use policies, and to require code compliance in federally funded projects. For its part, FEMA has expanded agency efforts to promote the use of hazard-resistant codes, design, and land use to reduce the risk of human casualty and structural damage. May has been observed as National Building Safety Month for several years,/9 advocating the importance of building codes.

The 118th Congress faces fundamental questions regarding the built environment in the face of more numerous, costly, and disruptive disasters. Where is it wise to build? How should buildings in hazardous locations be constructed? The 118th Congress may decide how the federal government engages with these questions, promotes a hazard-resilient built environment, and reduces future disaster-related losses.

* * *

Terms

Building Codes - Building codes are officially adopted comprehensive specifications regulating building construction, materials, and performance to protect the public health, safety, and welfare.10 Building codes may reference more than one design standard.

Design Standard - A design standard is a specified criteria or standard that dictates that a provision, practice, requirement, or limit be met;/11 for example, the use of the 1% annual chance flood or the degree of protection of a structural project.

Code Development, Adoption, Administration, Enforcement - Building code development refers to the process of authoring, revising, and approving building codes. Adoption refers to a government's codification of a given set of building codes as legally required minimum standards within a given jurisdiction. Administration and enforcement refers to permitting, certification of compliance and occupancy, fee collection, training and employing relevant staff, inspection, monitoring of unpermitted activities, identification of corrective action, and similar activities.

Natural hazards - FEMA defines natural hazards as environmental phenomena that have the potential to impact societies and the human environment. Hazardous weather and climate events include severe storms, tropical cyclones, drought, wildfires, and extreme heat or cold. Other natural hazards include avalanche, earthquake, landslide, tsunami, and volcanic activity. FEMA distinguishes between natural hazards and natural disasters, which the agency defines as the negative impact following an actual occurrent of a natural hazard in the event that it significantly harms a community./12

* * *

Value of Building Codes

The federal government has allocated increasing resources to disaster relief and recovery,/13 and the Government Accountability Office (GAO) has found that the rising number of natural disasters and increasing reliance on the federal government for response and recovery assistance is a key source of federal fiscal exposure./14

* * *

9 See, for example, International Code Council, 2023 Building Safety Month: It Starts with You! https://www.iccsafe.org/advocacy/building-safety-month/building-safety-month/.

10 Federal Emergency Management Agency, Glossary, Building Codes Toolkit, February 7, 2013, p. 1, https://www.fema.gov/media-library-data/20130726-1903-25045-7477/building_codes_toolkit_glossary.pdf.

11 James M. Wright, Regulatory and Design Standards for Reducing Losses, Federal Emergency Management Agency, Floodplain Management: Principles and Current Practices, 2021, p. 13-1, https://training.fema.gov/hiedu/aemrc/courses/coursetreat/fm.aspx.

12 FEMA, National Risk Index, Natural Hazards, https://hazards.fema.gov/nri/natural-hazards.

13 See, for example, U.S. Government Accountability Office, Federal Disaster Assistance: Federal Departments and Agencies Obligated at Least $277.6 Billion During Fiscal Years 2005 Through 2014, GAO-16-797, September 22, 2016, https://www.gao.gov/assets/gao-16-797.pdf; and CRS Report R45484, The Disaster Relief Fund: Overview and Issues, by William L. Painter.

14 GAO, Climate Change: A Climate Migration Pilot Program Could Enhance the Nation's Resilience and Reduce Federal Fiscal Exposure, GAO-20-488, July 6, 2020, pp. 1-2, https://www.gao.gov/assets/gao-20-488.pdf.

* * *

In the United States, as in many countries, these increasing costs can be attributed to a combination of factors, including increased development in areas that are susceptible to natural hazards, rising property values in hazardous areas, and climatological and environmental changes. The role of inadequate building codes is less frequently considered a contributor to natural disaster losses, despite long-standing information that may support this connection. For example, although South Florida had one of the strongest building codes in the nation in 1992, a quarter of the $16 billion in insured losses from Hurricane Andrew were attributed to Dade County's failure to enforce its building code./15

Subsequent research revealed that the construction practices in place at the time were not only insufficient to withstand the powerful winds, but had also magnified the damage./16

Thirty years later, studies of damage from Hurricane Ian in southwest Florida found that residential buildings constructed to the 2002 Florida Building Code or later suffered minimal observable structural damage from either wind or storm surge, even during a historic storm surge of the magnitude induced by Hurricane Ian./17

Experts have also pointed out how hazard-resistant building codes reduce earthquake damage. In 2010, both Chile and Haiti were hit by major earthquakes. The magnitude 7 earthquake/18 in Haiti killed an estimated 220,000 people, injured 300,000, and left 1.5 million homeless. The much stronger magnitude 8.8 earthquake/19 in Chile killed less than 800 people, most due to the resulting tsunami, and caused relatively little structural damage./20 Some of the difference in outcomes might be attributable to variations in seismic and site characteristics, while much of the difference in casualties and structural damage has been attributed to the adoption and enforcement of strong building codes in Chile, in contrast to the virtually nonexistent and poorly enforced building codes in Haiti./21

* * *

15 Multi-Hazard Mitigation Council, National Institute of Building Sciences, Natural Hazard Mitigation Saves, 2017 Report, Washington, DC, p. 80, https://www.fema.gov/sites/default/files/2020-07/fema_ms2_interim_report_2017.pdf.

16 Paul Fronstin and Alphonse G. Holtmann, "The Determinants of Residential Property Damage Caused by Hurricane Andrew," Southern Economic Journal, vol. 61, no. 2 (October 1994), pp. 387-397; and Edward L. Keith and John D. Rose, "Hurricane Andrew - Structural Performance of Buildings in South Florida," Journal of Performance of Constructed Facilities, vol. 8, no. 3 (August 1994), pp. 178-191.

17 David O. Prevatt, David B. Roueche, and Kurtis R. Gurley, Survey and Investigation of Buildings Damaged by Category III, IV, and V Hurricanes in FY 20223-2023 - Hurricane Ian, Engineering School of Sustainable Infrastructure and Environment, Department of Civil and Coastal Engineering, University of Florida, Report No. 02-23 for Florida Department of Business and Professional Regulation, Gainesville, FL, June 13, 2023, pp. 20, 34, https://www.floridabuilding.org/fbc/commission/FBC_0623/PrevattHurricane_Ian_Building_Damage_Observation_in_FY_2022-2023_Final. See also Jeff Zbar, How Newer-Construction Homes Fared in Florida's Hurricane Season, Urban Land, March 17, 2023, https://urbanland.uli.org/public/buildingfor-resilience-how-newer-construction-homes-fared-in-floridas-hurricane-season/; and Scott Neuman, One Florida Community Build to Weather Hurricanes Endured Ian with Barely a Scratch, NPR, October 6, 2022, https://www.npr.org/2022/10/05/1126900340/florida-community-designed-weather-hurricane-ian-babcock-ranch-solar.

18 The Moment Magnitude, MW, is an indicator of the amount of energy released during an earthquake. The MW scale is logarithmic, with an increase of one step corresponding to a tenfold increase in the measured amplitude of the ground motion of the earthquake, and 32 times more energy release. In other words, an MW 8.0 earthquake releases 32 times more energy than an MW 7.0 earthquake. For more information on how earthquakes are measured, see CRS Report RL33861, Earthquakes: Risk, Detection, Warning, and Research, by Peter Folger.

19 A magnitude 8.8 earthquake releases 500 times as much energy as a magnitude 7 earthquake. See United States Geological Survey, "How Much Bigger?" Calculator, https://earthquake.usgs.gov/education/calculator.php.

20 International Tsunami Information Center, February 27, 2021, MW 8.8, Off Central Chile, http://itic.ioc-unesco.org/index.php?option=com_content&view=article&id=1667:27-february-2010-mw-88-off-central-chile.

21 See, for example, Richard A. Lovett, "Why Chile Fared Better Than Haiti," Nature, March 1, 2010, https://www.nature.com/articles/news.2010.100; and Michael K. Lindell, "Built-in Resilience," Nature Geoscience, vol. 3 (October 24, 2021), pp. 739-740, https://www.nature.com/articles/ngeo998.

* * *

The National Institute of Building Sciences also emphasized the importance of building codes in a widely cited study which found that adopting the most recent building code could save $11 for every dollar invested in hazard-resistant codes and standards, and above-code design could save $4 for each dollar invested. The study also found that adopting the 2015 International Code Council building codes added about 1% in costs relative to 1990 standards./22

Building Codes and FEMA: Background

State, Local, Federal, and Nonfederal Roles

Role of the International Code Council and Code-Development Organizations

In 1994, the three groups publishing model codes merged to form the International Code Council (ICC),/23 which published the first International Building Code in 1995./24 The ICC continues to develop and publish model codes and guides to building practices that are now adopted, adapted, and enforced at the state, territorial and local level./25 The ICC's "family" of I-Codes includes codes for different types of dwellings (e.g., residential, new, existing structures), and was most recently updated in 2021./26

Federal Role

In the last decades of the twentieth century, the federal government - including FEMA - helped to develop and promote hazard-resistant building codes promulgated by the ICC and other code-developing organizations like the American Society of Civil Engineers (ASCE)./27

The federal government continues to collaborate with the ICC and similar organizations to help develop, revise, and promote hazard-resistant model building codes./28 The ICC updates I-Codes on a three-year cycle and includes hearings and opportunities for public comment.

State and Local Roles Most states and local jurisdictions adopt model codes that are created on a national or international level by standards-developing organizations like the ICC, and amend them where needed prior to adoption into state laws and local ordinances. Building codes are administered at a community level; the federal government cannot mandate the level of code enforcement in states or communities. Some states have adopted statewide building codes that apply to virtually every type of structure while others employ lesser degrees of regulation and code applicability. Statewide codes sometimes allow certain individual jurisdictions (e.g., cities or a particular class of counties) to deviate from the standard, weakening the model minimum code in response to objections based on the cost of compliance./29

* * *

22 National Institute of Building Sciences, Natural Hazard Mitigation Saves: 2019 Report, Washington, DC, 2019, pp. 37-39, https://www.nibs.org/files/pdfs/NIBS_MMC_MitigationSaves_2019.pdf.

23 These were Building Officials and Code Administrators International, Inc., International Conference of Building Officials, Inc., and Southern Building Code Congress, Inc. (Steve Thomas, Building Code Essentials: Based on the 2016 International Building Code, International Code Council, 2015 edition, pp. 3-4).

24 Ibid; International Code Council, "About," https://global.iccsafe.org/about/.

25 For detailed discussion of building codes and hazard-resistant design, see CRS Report R47215, Hazard-Resilient Buildings: Sustaining Occupancy and Function After a Natural Disaster, by Linda R. Rowan.

26 Federal Emergency Management Agency, Building Codes Fact Sheet, Building Codes Toolkit, February 5, 2013, p. 1, https://www.fema.gov/media-library-data/20130726-1903-25045-6866/building_codes_toolkit_fact_sheet.pdf.

27 FEMA, Building Code Strategy, March 2022, p. 41 (hereinafter FEMA, Building Codes Strategy), available at https://www.fema.gov/sites/default/files/documents/fema_building-codes-strategy.pdf.

28 FEMA, Building Code Strategy, p. 41.

29 Insurance Institute for Business and Home Safety (IBHS), The Benefit of Statewide Building Codes, https://ibhs.org/wp-content/uploads/2019/01/The-Benefits-of-Statewide-Building-Codes_IBHS.pdf.

* * *

Building Codes Adoption and Enforcement Shortfalls

Nearly two-thirds of Americans live in communities that have not adopted the latest model building codes,/30 and many jurisdictions do not consistently adopt and enforce building codes - leading to significant threats to public health and individual safety - particularly in the face of a hazard./31 According to FEMA, 35% of localities across the country have adopted "modern building codes without weakening the natural hazard-resistant provisions."/32 Most inhabitants are unaware that they may live in substandard, vulnerable structures, which increases the risk of damage and casualty./33 Further, FEMA has found that a majority of areas with natural hazard risk in the United States have not adopted current versions of hazard-resistant building codes./34 In many regions, low-income or otherwise socially vulnerable households are more likely to live in areas of higher risk to natural hazards./35 In addition, the U.S. Surgeon General has found that socially vulnerable populations, including individuals with low-incomes, identifying as racial or ethnic minorities, and those with disabilities, are more likely to live in substandard housing./36 Often citing these risks, FEMA advocates for the adoption, strengthening, and enforcement of SLTT building codes./37

Many jurisdictions particularly struggle to adopt and adequately enforce codes in the wake of a disaster. Local officials may face a large number of damaged structures and a high volume of permit applications, and there may be pressure on local officials to waive requirements that are perceived to hamper rapid reconstruction or "getting back to normal."/38 The sudden, widespread increase in building activity, loss or displacement of workers, and other factors may lead to personnel shortfalls. For this reason, some jurisdictions have established mutual aid agreements to allow building departments to augment staff in times of need. FEMA encourages and tracks such agreements./39

* * *

30 The White House, "A Proclamation on National Building Safety Month, 2023," press release, April 28, 2023, https://www.whitehouse.gov/briefing-room/presidential-actions/2023/04/28/a-proclamation-on-national-buildingsafety-month-2023/.

31 See James Chauvin et al., "Building Codes: An Often Overlooked Determinant of Health," Journal of Public Health Policy, vol. 37, no. 2 (May 2016), pp. 136-148.

32 FEMA, Building Codes Strategy, p. 6.

33 Ibid.

34 FEMA, Building Codes Adoption Playbook, p. 3.

35 Rachel M. Gregg and Kathryn N. Braddock, Climate Change and Displacement in U.S. Communities, EcoAdapt, April 2020, pp. 17-18, http://www.sparcchub.org/wp-content/uploads/2020/04/Climate-Change-and-Displacement-inU.S.-Communities.pdf.

36 U.S. Surgeon General, Call to Action to Promote Healthy Homes, 2009, https://www.ncbi.nlm.nih.gov/books/NBK44192/pdf/Bookshelf_NBK44192.pdf.

37 The third of three primary goals driving FEMA's Building Codes Strategy, released March 2022, is to drive public action on building codes.

38 See, for example, Peter Belfiore, "Over Five Years After Sandy, Town of Hempstead Homeowners Are Told They Must Elevate," LIHerald, June 18, 2018, https://www.liherald.com/stories/over-five-years-after-hurricane-sandy-townof-hempstead-homeowners-are-told-they-must-elevate,104307; and Derek Gilliam, "FEMA Rule Could Mean Many Can't Afford to Rebuild After Hurricane Ian," Sarasota Herald-Tribune, November 22, 2022, https://www.heraldtribune.com/story/weather/hurricane/2022/11/22/fema-rule-impacting-thousands-across-southwestflorida/10711118002/.

39 FEMA, "Mutual Aid for Building Departments," https://www.fema.gov/sites/default/files/documents/fema_mabd_overview_2022.pdf.

* * *

Developing Hazard-Resistant Codes in an Age of Climate Change

Reliance on Historic Hazard Data

In general, existing building codes and standards in the United States are designed to respond to risks of hazards based on current and historic climate conditions. For example, the ICC codes, or I-Codes, that FEMA often considers the "consensus-based codes" to which many FEMA-funded projects must be rebuilt are currently updated every three years. The use of consensus-based codes, specifications, and standards may not necessarily incorporate the latest hazard-resistant design,/40 and that design may not provide sufficient protection against extreme events or future conditions.

Standard-developing organizations generally have not used forward-looking climate information, relying instead on historical observations rather than incorporating long-term planning for climate hazards or employ climate projections. Further, standards-developing organizations vary in whether they update the climate information in design standards, building codes, and voluntary certifications on a regular basis./41 Recent increases in the frequency and intensity of extreme weather events attributed to climate change,/42 coupled with the use of historical data, means that the codes may more accurately reflect historical dangers than current or future risk./43

For example, the International Building Code allows for some degree of protection against sea level rise in its elevation requirements, but the ICC recognizes that the code may need to evolve to respond to changing risk./44

* * *

40 FEMA, "Consensus-Based Codes, Specifications and Standards for Public Assistance," FEMA Recovery Interim Policy FP-104-009-11, Version 2, December 2019, p. 10, https://www.fema.gov/sites/default/files/2020-05/DRRA1235b_Consensus_BasedCodes_Specifications_and_Standards_for_Public_Assistance122019.pdf. For example, FEMA defines a hazard-resistant building code as a "building code with provisions that provide a minimum level of building protection against natural hazards," and considers a community to be hazard resistant if it adopts either of the two most recent editions of the International Code Council's ICC codes without weakening provisions related to flood, hurricane wind, and seismic hazards. FEMA, Building Codes Saves: A Nationwide Study, November 2020, p. xi and p.

3-4, https://www.fema.gov/sites/default/files/2020-11/fema_building-codes-save_study.pdf.

41 GAO, Climate Change: Improved Federal Coordination Could Facilitate Forward-Looking Climate Information in Design Standards, Building Codes, and Certifications, GAO-17-3, November 2016, p. 14, https://www.gao.gov/products/GAO-17-3.

42 See for example, K. Hayhoe et al., "Our Changing Climate," in Impacts, Risks, and Adaptation in the United States: Fourth National Climate Assessment, vol. 2., U.S. Global Change Research Program, 2018, 10.7930/NCA4.2018.CH2.

43 Global Resiliency Dialogue, Delivering Climate Responsive Resilient Building Codes and Standards, Findings from the Global Resiliency Dialogue Survey of Building Code Stakeholders in Canada, Australia, New Zealand, and the United States, November 2021, p. 18, https://www.iccsafe.org/wp-content/uploads/Global_Resiliency_Dialogue_Second_Survey_Report-USA-Oct_2021.pdf.

44 International Code Council, Resilience Contributions of the International Building Code, White Paper, October 24, 2019, p. 9, https://www.iccsafe.org/wp-content/uploads/19-17804_IBC_Resilience_WhitePaper_FINAL_HIRES.pdf.

The ICC participates in the Global Resiliency Dialogue (GRD), a joint initiative with research organizations from Australia, Canada, New Zealand, and the United States. The GRD is working to inform the development of building codes that draw on both building science and climate science to improve the resilience of buildings and communities to intensifying risks from weather-related natural hazards. ICC, Global Resiliency Dialogue, https://www.globalresiliency.org/.

* * *

Since 2015, the I-Codes have required at least one foot of freeboard be incorporated into elevation requirements,/45 designed with reference to the elevation of current assessments of the 1%-annual-chance flood (a flood event with a 1% chance of being equaled or exceeded in a given year)./46 This risk calculation does not account for changes in water level and hazard probability associated with climate change and extreme events. For example, one study found that as sea level rises, by the late 21st century the historical 100-year flood would occur annually in New England and Mid-Atlantic regions and every 1-30 years in the southeast Atlantic and Gulf of Mexico regions./47

Incorporating Climate Risk into Building Standards

The I-Codes used throughout the United States are developed through a consensus-based process; because changes to the I-Codes cannot be unilaterally mandated, the ICC is considering potential strategies that align with the current format of the codes. These include an overlay document (standard or guideline) that communities seeking to address future climate risk can adopt alongside their code, or the development of a stand-alone standard that addresses the process that jurisdictions can use to factor climate change into their codes. Some local jurisdictions, including New York City and Southeast Florida, have developed design guidance that addresses climate risk. In New York this guidance currently applies to municipal buildings but may be extended to all buildings in the future. Local governments in Southeast Florida have developed common sea level rise projections that can be incorporated into zoning or building code requirement./48

An example of enhanced hazard-resistant standards are the FORTIFIED Home performance-based engineering and building standards developed by the Insurance Institute for Business and Home Safety (IBHS), a regular partner of FEMA on building-code related efforts./49 These standards are 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./50 Each of the FORTIFIED standards provides three optional levels to exceed I-Code design requirements.

* * *

45 FEMA defines freeboard as an additional amount of height above the Base Flood Elevation used as a factor of safety in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with the state or community floodplain management standards. See FEMA, "Freeboard," https://www.fema.gov/glossary/ freeboard. The Base Flood Elevation (BFE) is defined 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 heights in any given year.

46 The area that will be inundated by the 1%-annual-chance flood is known as the Special Flood Hazard Area (SFHA).

47 Reza Marsooli, Ning Lin, Kerry Emanuel, et al., "Climate Change Exacerbates Hurricane Flood Hazards Along US Atlantic and Gulf Coasts in Spatially Varying Patterns," Nature Communications, vol. 10 (August 1, 2019), https://www.nature.com/articles/s41467-019-11755-z.

48 Global Resiliency Dialogue, The Use of Climate Data and Assessment of Extreme Weather Event Risks in Building Codes Around the World: Survey Findings from the Global Resiliency Dialogue, January 2021, pp. 6-7, https://www.iccsafe.org/wp-content/uploads/21-19612_CORP_CANZUS_Survey_Whitepaper_RPT_FINAL_HIRES.pdf.

49 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. See https://disastersafety.org/ for further information. FEMA signed an MOU with the organization in November 2022 (FEMA, "FEMA Building Science," newsletter, January 24, 2023). The two entities have collaborated on previous efforts, like funding previous iterations of Natural Hazard Mitigation Saves reports.

50 The IBHS has not developed FORTIFIED standards for floods.

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Continues with Part 2 of 3

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The report is posted at: https://crsreports.congress.gov/product/pdf/R/R47612

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