Gov. John Bel Edwards may rescind order on construction standards set after August 2016 floods

Nov. 21--Gov. John Bel Edwards is preparing to rescind an executive order aimed at spurring rebuilding after the August 2016 floods, but also had the effect of delaying construction around the state -- about $700 million worth projects in New Orleans alone.

Edwards on June 14 ordered a year-long delay of the implementation of uniform construction codes that were scheduled to begin July 1 and that detail the standards to which commercial and residential buildings must be built. The intent was to remove possible bureaucratic roadblocks that could slow rebuilding after the August 2016 floods.

That goal has been largely achieved, Matthew Block, Edwards' executive counsel, told The Advocate.

"What we subsequently have learned is that is no longer a concern, which is why we'll terminate the suspension," Block said.

The governor later this week plans to roll back his order and allow the new rules to go into effect by the end of 2017. The administration is still looking at what form the new order will take and is considering carving out the codes that regulate plumbers -- leaving those craftsmen under the old code, he said.

Block said the governor's office has received calls from contractors, architects, financiers and others who complain that continuing to operate under the existing code has slowed construction projects, particularly those slated to begin after July 1.

"We're kind of sitting in limbo," said Michael Wich, a building official who was involved in drafting and vetting the codes.

The uniform construction code is seven sets of rules that are updated every three years. Louisiana is currently under the rules written in 2012. Edwards stopped the latest rules, written in 2015, from going into effect on July 1.

The differences between the two codes primarily deal with commercial structures.

For instance, the 2015 code was written to better match safety features required by the state Fire Marshal. Where the fire marshal allows more options, such as more exits, fire walls and fire safe corridors, the existing 2012 code requires sprinklers. Drawings on big projects were done to meet the 2015 standards because that was when the application and approval processes were scheduled to begin. Now project managers have to head back to the drawing boards to include sprinklers.

New Orleans Mayor Mitch Landrieu's office did not respond to repeated requests over five days for information on this issue.

But New Orleans building official, Zachary Smith, speaking on behalf of New Orleans at a July 11 Construction Code Council meeting, said his office had identified up to $700 million in projects from "Orleans Parish alone that have to be tabled, replanned."

The projects, including affordable housing units as well as large commercial centers, had been drawn to match the specifications of the 2015 code. Promoters were faced with the choice of spending tens of thousands of dollars to redraw plans to 2012 specifications or to wait at least year for the new code to come into play.

Mark Joiner, the council's executive director, then stated that he had "received calls from contractors and investors who are pulling projects," according to the meeting's minutes.

Crowley Mayor Greg Jones said an interview last week that his key concern is how insurance companies might react to Louisiana operating under rules that are five years old. Crowley is a town of about 15,000, about 10 percent of whom were impacted by the August 2016 floods.

"If it's going to adversely affect the insurance rates and the insurance coverage, then it might be a mistake in the long term," Jones said of Edwards' order to delay.

An impact could be possible, said Susan G. Millerick, of the Insurance Institute for Business & Home Security, headquartered in Tampa, Fla. The Institute is a nonprofit research group supported by property insurers and reinsurers that provides risk modeling that the insurance companies use to in deciding how much to charge for their policies.

"Hurricane Irma demonstrates the effectiveness of Florida's strong and modern building codes. Unfortunately, Louisiana is not using updated and accurate wind maps, which could be resolved through the adoption of the 2015 code," Millerick wrote. "IBHS urges adoption of the 2015 code and believes the executive order sets the state back in its recovery efforts."

Denham Springs was ground zero for the August 2016 floods. A slow-moving system dumped more than 20 inches of rain in parts of East Baton Rouge and nearby parishes in a three-day span. Amite River was 17 feet above flood stage in Denham Springs, flooding hundreds of homes and businesses.

Rebuilding began almost immediately and has continued unabated for the next 10 months, said Rick Foster, the building official in the Livingston Parish city.

Most of the buildings that can be restored already had begun work prior to Edwards' executive order, he said.

They began work under the 2012 construction code and they will be judged by the old code. The new 2015 code, however, would have made the process easier because it's simpler and allows more paths to compliance than the older rules, he said.

The new rules are published, for the first time, in separate books: one for residences and the other commercial buildings. That means builders no longer have to root through massive volumes to find the standards that apply to their building type.

It's a feature that would have come in handy in Denham Springs.

"What you find a lot of Denham is homeowners acting as their own contractors," Foster said. "This would have made it easier."

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