THE CODE CONNECTION

Ohio has tried for years to adopt a new fire code based on the International Fire Code.  After two code cycles with the family of International Codes regulating construction the fire code has finally been added to the suite and in the process created a battle over the rules of enforcement.

It wasn't easy.  A few years back the State Fire Marshall made an attempt at adopting an NFPA version which met opposition across the board including local fire departments.  In reaction to this a number of local fire departments began to unilaterally adopt the International Fire Code (Ohio allows this) because of its coordination with the the IBC.  Gradually the State Fire Marshal came around.  This round has also had its detractors from the gasoline industry, architects, and others.  While most of the concerns from the skeptics were addressed many are taking a wait and see attitude.

So what's the rub?  First a little background.  The ICC in its development of the International Fire Code did some interesting things.  Since the IFC is a model code that can be adopted anywhere in the world, it recognizes that some communities may not be as up to date with its building code.  And fire code have traditionally includes topics such as "means of egress".  Hence, the IFC has duplicated several chapters (7-10) verbatim from the International Building Code.  Cool idea because all the traditional conflicts between the IBC and the IFC are now completely coordinated.

Here's the real problem - how to apply the administrative rules of these two codes.  When states adopt these codes they have to decide when the rules apply and who enforces them.  And, as a matter of legal protocol, lawmakers try hard not to duplicate any rules.  Herein lies our problem.  With the IBC and the IFC both outlining major code sections regarding, Fire-resistive Construction, Interior Finishes, Fire Protection Systems and Means of Egress it can cause some real confusion about enforcement.  How do you apply these rules under the Fire Code when they are already in affect under the Building Code?

Traditionally the difference has been the building code is just that - a BUILDING code.  And the fire code is a MAINTENANCE code that takes affect after the Certificate of Occupancy is issued.  The question of "WHEN" is discerned in just this way.  There's not much disagreement about the significance of the CO.  Works great in theory.  However, the practical issues of how a building is built and inspected, the handshake between fire departments and building departments, home rule adoption of local fire codes and occasional turf wars all lead to trouble.

The overlap of these two codes has a limited amount of merit, particularly if you are a fire official.  Some essential life safety items are now codified in a manner that replicates the building code.  But the building official is reviewing plans and making judgements based on the building code that the fire official will later inherit.  That's how turf wars get started and the first casualty is the owner and his contractor.  how many times have you heard the story about a fire official barking orders and threatening to lock the doors right before the building is scheduled to open?  I have friends who make a living fighting these cases in court.

The American Institute of Architects justifiably opposed the adoption of the new fire code in Ohio not because of the technical code provisions of the overlapping rules.  These are all resolved in the model code process.  Its the administrative section, Chapter 1, that is the primary source of debate.  When state rule makers decide that duplicate permits can be required as a condition of construction it can only lead to havoc.  While verbally arguing that they have not crossed the thin line of enforcement marked by the Certificate of Occupancy, the rules clearly have carved a place for fire officials to exercise new authority.  We'll see.

Ohio has been a leader in the promulgation and adoption of the International Codes.  However, the best way to do this is to create a single board to adopt both the fire code and building code.  Today, even though the Fire Marshal and Board of Building Standards are located in the same Dept. of Commerce, they have differing processes for code adoption.  An attempt was made a few years ago to create a unified board but it died on the vine.  It's time to try again as we watch carefully how this new code works.

Note: Terry Welker AIA, your Code Connection Host, currently serves as Secretary of AIA Ohio.