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

November 30, 2004

Thank you for the opportunity to testify on the proposed changes to the New York City Building Code.

The Building Congress is a broad 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. We commend the NYC Department of Buildings and the Housing and Buildings Committee for exploring ways to streamline the building code and bolster the building community. The New York City Building Code has not gone under a significant revision since 1968 in spite of advances in the building industry. This hearing is timely and a welcome first step.

There are currently two competing codes before the Council’s consideration, the NFPA 5000 and the International Building Code. The NFPA 5000 is the inferior proposal of the two and its implementation would be detrimental to our industry. The NFPA is a new code and, to date, only one suburb of Houston and a small town in Maine have adopted it. In fact, NFPA was rejected by Dallas, Denver, and Phoenix when they recently considered updating their codes. The NFPA has no past experience with a complete model code. 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. NFPA is not coordinated, meaning that the different sections like structures, building materials, and administration are not well integrated into the overall code. This would create a quagmire of issues for the design and construction industry. We urge you to oppose the NFPA 5000 code.

The second proposal is the International Building Code. It 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 INC, has extensive experience in writing codes, and it has at our disposal a superb information support system. Currently, 44 states, including New York, have implemented the IBC as the base for their building codes. We know it works and works well. It is coordinated, comprehensive and undergoes regular reviews and updates.

Under the leadership of Building’s Commissioner Patricia Lancaster, the Department of Buildings has implemented an in-depth review of the IBC in which the design, construction and real estate industry has actively participated. 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 would be tailored to New York City’s needs.

Intro. 478, the IBC Blueprint Bill, mandates that the new Building Code be reviewed and updated every three years. New York City will be assured that its code is proactive and shaped in collaboration with the organizations that are governed by it. Although the final Building Code has yet to be completed and reviewed, the Blueprint Bill is an important step in carrying forward the discussion and the Building Congress encourages you to recommend adoption by the full City Council.