Congressional Research Service: 'Building Resilience – FEMA's Building Codes Policies & Considerations for Congress' (Part 1 of 2)
The report was written by
Here are excerpts:
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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,
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Contents
Introduction ... 1
Value of
Building Codes and
State, Local, Federal, and Nonfederal Roles ... 4
Role of the
Federal Role ... 4
State and Local Roles ... 5
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
Federal Authorities and Limitations ... 8
Land Use Planning and Hazard Zones ... 9
Mitigation Plans ... 10
Community Disaster Resilience Zones ... 11
The Federal Flood Risk Management Standard ... 12
National Flood Insurance Program Requirements Related to Planning and
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
Research and Development ... 26
Multiagency Coordination ... 27
Public Awareness ... 27
Monitoring
Considerations for
Building Codes and Equity ... 28
Streamlining and Standardizing Post-Disaster Federal
FEMA Assistance in Hazard Zones ... 31
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
Figure 3. Building Code Adoption Portal ... 28
Tables
Table 1. Key FEMA Authorities Related to
Table 2. FEMA
Table 3. FEMA Incentives and Assistance for SLTT Building Code Work ... 25
Appendixes
Appendix. Chronology of Recent FEMA Actions ... 35
Contacts
Author Information ... 36
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Introduction
In 1990, a representative of the
This saying, as well as similar sentiments, has been included in testimony since at least 1973, well before
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
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
For these reasons,
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1 Statement of
2 See, for example, Statement of State of California State Geologist
3 Senate Oceans and Atmosphere, Earthquakes, p. 99.
4 See, for an exemplary discussion of this point,
5 CoreLogic, "Risk Redefined: CoreLogic Climate Change Catastrophe Report Emphasizes Need to Address Increasing Frequency of Hazard Events,"
6
7
8
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To encourage resilience,
The 118th
Where is it wise to build? How should buildings in hazardous locations be constructed? The 118th
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Terms
Building Codes - Building codes are officially adopted comprehensive specifications regulating building construction, materials, and performance to protect the public health, safety, and welfare.11 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;/12 for example, the use of the 1% annual chance flood or the degree of protection of a structural project.
Natural hazards -
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9 See, for example,
10 See, for example,
11
12
13
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Value of
The federal government has allocated increasing resources to disaster relief and recovery,/14 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./15
In
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./17
Thirty years later, studies of damage from Hurricane Ian in southwest
Experts have also pointed out how hazard-resistant building codes reduce earthquake damage. In 2010, both
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14 See, for example,
15 GAO, Climate Change: A Climate Migration Pilot Program Could Enhance the Nation's Resilience and Reduce Federal Fiscal Exposure, GAO-20-488,
16
17
18
19 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
20 A magnitude 8.8 earthquake releases 500 times as much energy as a magnitude 7 earthquake.
21
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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
Building Codes and
State, Local, Federal, and Nonfederal Roles
Role of the
In 1994, the three groups publishing model codes merged to form the
Federal Role
In the last decades of the twentieth century, the federal government - including
The federal government continues to collaborate with the ICC and similar organizations to help develop, revise, and promote hazard-resistant model building codes./29 The ICC updates I-Codes on a three-year cycle and includes hearings and opportunities for public comment.
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22 See, for example,
23
24 These were
25 Ibid;
26 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
27
28
29
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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./30
Building Codes Adoption and Enforcement Shortfalls
Nearly two-thirds of Americans live in communities that have not adopted the latest model building codes,/31 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./32 According to
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30
31 The
32 See
33
34 Ibid.
35
36
37
38 The third of three primary goals driving
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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."/39 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.
Developing Hazard-Resistant Codes in an Age of Climate Change
Reliance on Historic Hazard Data
In general, existing building codes and standards in
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./42 Recent increases in the frequency and intensity of extreme weather events attributed to climate change,/43 coupled with the use of historical data, means that the codes may more accurately reflect historical dangers than current or future risk./44
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39 See, for example,
40
41
42 GAO, Climate Change: Improved Federal Coordination Could Facilitate Forward-Looking Climate Information in Design Standards,
43 See for example,
44 Global Resiliency Dialogue, Delivering Climate Responsive Resilient
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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./45 Since 2015, the I-Codes have required at least one foot of freeboard be incorporated into elevation requirements,/46 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)./47 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
Incorporating Climate Risk into
The I-Codes used throughout
An example of enhanced hazard-resistant standards are the FORTIFIED Home performance-based engineering and building standards developed by the
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45
46
47 The area that will be inundated by the 1%-annual-chance flood is known as the Special
48 Reza Marsooli,
49 Global Resiliency Dialogue, The Use of Climate Data and Assessment of Extreme Weather Event Risks in
19612_CORP_CANZUS_Survey_Whitepaper_RPT_FINAL_HIRES.pdf
50
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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./51 Each of the FORTIFIED standards provides three optional levels to exceed I-Code design requirements.
Federal Authorities and Limitations
Several statutes authorize the federal government to undertake actions to develop and strengthen model building codes and promote subfederal adoption of updated codes. Table 1 lists key authorities relevant to hazard-resistant building design, post-disaster rebuilding, and
* * *
Table 1. Key FEMA Authorities Related to
Source: Compiled by CRS, using Congress.gov and
* * * *
51 The IBHS has not developed FORTIFIED standards for floods.
52 Sec. 1305(c)(2) of P.L. 90-488.
53 Sec. 1308(b)(1) of P.L. 90-488.
54 Sec. 1361(a)-(c) of P.L. 90-488.
55 Sec. 402(e)-(f) of P.L. 93-288.
56 Executive Order 12148,
57 P.L. 95-124;
58 Sec. 5(b) of P.L. 101-614.
59 Sec. 402(e)-(f) of P.L. 93-288.
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Land Use Planning and Hazard Zones
Building codes define what can be built, and how, but generally do not address the question of where to build - this must be done through land use planning or zoning. The federal government does not have direct authority over local zoning and land use decisions. The regulation of land use falls under the states' police powers, which the
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60 Sec. 104(a) of P.L. 106-390, as it amended Sec. 323 of the Stafford Act, 42 U.S.C. Sec.5165a.
61 Sec. P.L. 108-360.
62 Sec. 3 of P.L. 114-52;
63 Sec. 20606 of P.L. 115-123, as it amended Sec. 406 of the Stafford Act, 42 U.S.C. Sec.5172.
64 For detailed discussion of DRRA, see CRS Report R45819, The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected Statutory Provisions, coordinated by
65
66 Harvard Law Review, "Addressing Challenges to
67
68
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Planning policies can reduce risk through their control of land use and spatial configurations in cities. Zoning plans, which govern the location, type, and intensity of new development, may designate areas for specific purposes or to identify areas of high exposure. For example, by strategically directing funding for road and utility infrastructure, governments can greatly influence how and where communities develop./69 Governments may also acquire properties in hazard-prone locations with public funds and convert them to less hazardous uses; for example, buying out homes in the floodplain and using the land for a park. This can include acquisition (of undeveloped land, development rights, or damaged buildings), transfer of development rights to safer locations, building relocation, and/or demolition of individual or multiple structures./70
Despite its lack of direct powers to regulate land use planning on nonfederal lands, the federal government can exercise considerable influence through federal law; for example, the Endangered Species Act (P.L. 93-205), the Energy Policy Act (P.L. 102-486), the Clean Water Act (P.L. 95-217), and the National Environmental Policy Act (P.L. 91-190). Much of
Mitigation Plans
The Stafford Act (P.L. 93-288, as amended; 42 U.S.C. Sec.Sec.5151 et seq.) and
* Public Assistance (PA) categories C-G;/72
* Fire Management Assistance Grants (FMAG);/73
*
* Hazard Mitigation Grant Program (HMGP);
* Hazard Mitigation Grant Program Post Fire (HMGP Post Fire);
* Flood Mitigation Assistance (FMA);
* Rehabilitation of High Hazard Potential Dams (HHPD); and
* Safeguarding Tomorrow Revolving Loan Fund Program (STRLF).
* * *
69
70
71 See FEMA, Mitigation Planning and Grants, Is a Mitigation Plan Required? https://www.fema.gov/emergencymanagers/risk-management/hazard-mitigation-planning/requirements.
72 Only states, territories, and tribes (not local governments) are required to have approved mitigation plans for Public Assistance permanent work (Categories C to G). Category C is roads and bridges, Category D is water control, Category E is buildings and equipment, Category F is utilities, and Category G is parks, recreational, and other. See CRS In Focus IF11529, A Brief Overview of
73 If a state or tribal government does not have a
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The mitigation plan demonstrates the SLTT government's commitment to reduce risks from natural hazards and serves as a guide for decisionmakers as they commit resources to reducing the effects of natural hazards./74 States and tribes can submit enhanced hazard mitigation plans in order to receive increased funds under HMGP. An enhanced hazard mitigation plan should document that, to the extent allowed by SLTT law, the STT requires or encourages local governments to use a current version of a nationally applicable model building code or standard that addresses natural hazards as a basis for design and construction of STT-sponsored mitigation projects./75 For states with a mandatory statewide building code, the enhanced plan must provide evidence that the state, among other things, does not allow local governments to weaken the hazard-resistant provisions of the state building code./76 Enhanced plans must also demonstrate commitment to a comprehensive mitigation program through a combination of activities that may include use of a model floodplain ordinance that includes and goes beyond the NFIP minimum requirements and is coordinated with the state building codes./77
Community Disaster Resilience Zones
The Community Disaster Resilience Zones Act of 2022 (P.L. 117-255, CDRZA), signed into law in
The CDRZA required
The CDRZA requires
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74
75 44 C.F.R. Sec.201.5.
76 SMPPG, p. 46.
77 Ibid., p. 45.
78 42 U.S.C. Sec.5133.
79 42 U.S.C. Sec.5133(i). For further information on the set-aside for pre-disaster mitigation, see CRS Report R46989, FEMA Hazard Mitigation: A First Step Toward Climate Adaptation, by
80 The National Risk Index (NRI) is an online mapping application that identifies communities most at risk from 18 natural hazards and maps a community's expected annual loss, social vulnerability, and community resilience. The NRI provides a baseline relative risk measurement for each county and census tract in
81
82
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The Federal Flood Risk Management Standard
In
* * *
83 Executive Order 11988, Floodplain Management,
84 Executive Order 11990, Protection of Wetlands,
85 Federal actions are defined as any action or activity including (a) acquiring, managing, and disposing of federal lands and facilities; (b) providing federally undertaken, financed or assisted construction, and improvements; and (c) conducting federal activities and programs affecting land use, including, but not limited to, water and land related resources, planning, regulating, and licensing activities. See 44 C.F.R. Sec.9.4.
86 44 C.F.R. Sec.9.6.
87 Executive Order 13690, "Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input," 80(23)
88 In
89
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Figure 1. Vertical Elevation and Horizontal Extent of the Federal Flood Risk Management Standard Floodplain
Source: CRS, adapted from
Notes: The FFRMS floodplain is the 500-year floodplain, or the area inundated by the 0.2% annual-chance flood.
The current floodplain (the SFHA) is the area inundated by the 1% annual-chance flood.
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E.O. 13690 modified the requirements of E.O. 11988, largely by redefining the floodplain at the foundation of federal floodplain management policy. Rather than relying on the Base Flood Elevation (BFE) floodplain,/90 E.O. 13690 provided that the floodplain be determined by one of three methods:
1. the freeboard value approach;/91
2. the 0.2% annual-chance (500-year) flood approach;/92 or
3. the climate-informed science approach./93
National Flood Insurance Program Requirements Related to Planning and
The National Flood Insurance Act of 1968 (NFIA)/96 requires participating communities to adopt the minimum NFIP requirements through zoning, floodplain ordinances, and/or building codes. However,
1. constrict the development of land which is exposed to flood damage where appropriate;
2. guide the development of proposed construction away from locations which are threatened by flood hazards;
3. assist in restricting damage caused by floods; and
4. otherwise improve the long-range land management and use of flood-prone areas./98
In order to accomplish these goals,
* * *
90 The Base Flood Elevation (BFE) is defined as the water surface elevation of the base flood, which is the 1%-annual-chance flood.
91 The floodplain obtained through the freeboard value approach in the FFRMS is defined as the elevation and flood hazard area that result from adding an additional two feet to BFE for noncritical actions and adding an additional three feet to BFE for critical actions, which are defined as any activity for which even a slight chance of flooding would be too great.
92 The 500-year floodplain is defined as the area subject to flooding by the 0.2%-annual-chance flood.
93 Defined as the elevation and flood hazard area that result from using a climate-informed science approach that uses the best-available, actionable hydrologic and hydraulic data and methods that integrate current and future changes in flooding based on climate science. For additional information on the methods of calculating the FFRMS floodplain, see
94 The Special
95
96 Title XIII of P.L. 90-448, as amended, 42 U.S.C. Sec.4001 et seq.
97
98 42 U.S.C. Sec.4102(c).
99 See 44 C.F.R. Part 60, particularly 44 C.F.R. Sec.60.3.
100 42 U.S.C. Sec.4022(a)(1).
101 44 C.F.R. Sec.60.1(b).
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However, NFIP-participating communities are permitted and encouraged to adopt higher standards than the minimum set forth in regulation.
In addition to providing flood insurance and requiring communities to reduce flood damage through floodplain management, the NFIP identifies and maps the nation's floodplains. Maps depicting flood hazard information, known as Flood Insurance Rate Maps (FIRMs), are used to promote awareness of flood hazards and determine the appropriate minimum floodplain management criteria for flood hazard areas./103 While FEMA is generally responsible for the development of flood maps, the community itself must pass the map into its local or state law for the map to be effective (i.e., in force). FIRMs are used for both building code and floodplain management requirements in SFHAs./104
* * *
102
103 With the introduction of the NFIP's new pricing system, Risk Rating 2.0, flood maps are no longer used to set flood insurance premiums. For further information, see CRS Report R45999, National Flood Insurance Program: The Current Rating Structure and Risk Rating 2.0, by
104 See, for example,
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Continues with Part 2 of 2
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The report is posted at: https://crsreports.congress.gov/product/pdf/R/R47612
Congressional Research Service: 'Building Resilience – FEMA's Building Codes Policies & Considerations for Congress' (Part 2 of 2)
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