October 2009 Building Codes Q&A Update
Q: What are the latest developments with the proposed code change?
A: A code change was recently considered by the International Code Council (ICC) Administrative Code Committee at its code development hearings in Baltimore, Md., that would have changed the existing definition of "registered design professional." If passed, the code change proposal would have replaced this definition to recognize only an "architect or engineer" as a design professional who may submit plans to a building official for permit.
This code change, which was part of a larger proposal before the ICC Administrative Code Committee, did not pass—meaning that the existing ICC code definition of a "registered design professional" was retained: "an individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the project is to be constructed." Bruce Goff, ASID, and codes consultant Bill Koffel, P.E., participated in the hearings on behalf of ASID, working in concert with ASID staff and representatives from IIDA to ensure that the existing "registered design professional" definition would be retained in the ICC Codes. The existing definition was secured via the efforts of ASID with its interior design allies, including IIDA and NCIDQ.
ASID believes that opening up the building permitting process to design professionals, as registered or licensed with their respective states, enables the model codes to work well in conjunction with state professional registration laws.
Q: What should interior designers be doing at the state and local level?
A: State interior design coalitions, ASID chapters and individual interior designers are all encouraged to build positive relationships with building code officials, as well as individual state and local code-adoption bodies and their members. In communicating individually with these groups and individuals, interior designers should exhibit their firsthand knowledge of codes, provide examples of technical interior design documents and demonstrate their professional qualifications based on their education, experience and examination (passage of the NCIDQ).
We do not encourage any form of grassroots letter writing campaign to building officials or the ICC.
Q: What is the primary purpose of building codes?
A: Building codes are written and developed to protect the health, safety and welfare of the public. They address not only the structural elements of a building, but also the means of egress, use and occupancy classifications, interior finishes, interior environment and accessibility.
Q: Are building codes uniform across the country?
A: No. Building codes differ by state and sometimes even from jurisdiction to jurisdiction within a state. Most states adopt model building codes developed by organizations of code officials, sometimes amending them to fit their states. Previously, there were three model code development bodies—the Building Officials and Code Administrators International (BOCA), the International Conference of Building Officials (ICBO), and the Southern Building Code Congress International (SBCCI) —each producing its own regional code. In 1996, those three organizations joined to form the International Code Council (ICC), which develops and publishes the International Codes. The first editions of the International Codes were published in the spring of 2000. Additionally, the National Fire Protection Agency (NFPA) is developing a building code, NFPA 5000, which has been in publication since 2002.
Q: Why should interior designers be knowledgeable about codes?
A: As design professionals, interior designers have a responsibility to be knowledgeable about and understand the various codes needed to design interior spaces that protect the end-users’ health, safety and welfare.
Q: I only do residential work—do I need to be concerned with codes?
A: Yes. Regardless of whether residential design is an interior designer’s specialty, he or she has an obligation to be knowledgeable about the various codes needed to protect the health, safety and welfare of his or her clients. Additionally, the model International Residential Code published by the ICC may require interior designers to acquire building permits for some residential applications that previously did not require them. An example of such a project might be the renovation of a home to make it handicapped accessible.
Q: Do the model codes allow interior designers to submit their plans for permit?
A: Yes—the International Codes open this possibility to interior designers. The International Codes state that plans for a building permit must be submitted by a "registered design professional," which is defined as "an individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state in which the project is being constructed." Currently, the draft of NFPA 5000 contains similar language.
Q: Now that the model codes developed by the ICC have been published with a favorable definition of "registered design professional," interior designers can rest easy, right?
A: No. States can modify the model codes any way they see fit—including changing the definition of "registered design professional" back to "licensed architect or engineer" as it was in previous model codes. Organizations seeking a return to this exclusionary definition will encourage the ICC and state code adoption bodies to amend the code during the adoption process to change the definition of "registered design professional" to specify only architects and engineers. In fact, this has already happened in a few states.
Q: What should interior designers do to retain a favorable definition?
A: ASID chapters, state interior design coalitions, and independent interior designers are all encouraged to build positive relationships with individual state and local code-adoption bodies and their members. In communicating with these groups, interior designers should exhibit their firsthand knowledge of codes, provide examples of technical interior design documents and demonstrate their professional qualifications based on their education, experience and examination (passage of the NCIDQ).
Q: Interior designers are not registered or licensed in my state. Will I still be able to practice my profession if my state adopts the International Codes or NFPA 5000? What should interior designers in my state do?
A: If you live in a state without interior design registration, you will likely need to have your plans reviewed and stamped by a design professional that is registered or licensed in your state—in most states defined as an architect or engineer. If your state adopts a model code with the favorable "registered design professional" language, interior designers should work to pass interior design registration legislation that recognizes qualified interior designers as "registered design professionals" and grants them permitting privileges within their scope of qualifications.
Q: I’m registered in my state—does that automatically mean that I’m able to submit plans for permit if my state adopts the International Codes or NFPA 5000?
A: Not necessarily. In states with interior design registration, interior designers should be considered "design professionals" in the eyes of state code officials, but challenges are to be expected. Interior designers in these states should investigate their state’s "design professional" definition to determine if they qualify under it. If the state’s interior design registration statute does not already grant interior designers permitting privileges within their scope of qualifications, interior designers should actively seek appropriate language that would specifically do so.
Q: Why are permitting privileges for qualified interior designers so important?
A: Ultimately, if interior designers cannot submit their interior design documents plans or technical drawings to a building official for the purpose of obtaining a building permit, they are precluded from practicing to the fullest extent of their capabilities. This denies the public these benefits, as well.
Q: How do I learn more about building codes?
A: There are several resources on codes available. First and foremost, the ASID Government and Public Affairs department is available to answer questions and refer you to appropriate resources. Visit the ASID website (www.asid.org) or contact the government and public affairs staff at (202) 546-3480 or gpa@asid.org. Other good resources are:
International Codes Council
www.intlcode.com
(703) 931-4533
National Fire Protection Association
www.nfpa.org
(617) 770-3000
Building Officials and Code Administrators International (BOCA)
www.bocai.org
(800) 214-4321
International Council of Building Officials
www.icbo.org
(888) 699-0541
Southern Building Code Congress International (SBCCI)
www.sbcci.org
(888) 44-SBCCI