Construction Code Changes Affecting New Construction And Building Renovations For Commercial And Residential Projects

Most jurisdictions in the United States have a construction code setting the minimum standards for new construction and significant renovations of commercial and residential buildings. The construction codes are generally based on the model codes developed by the International Code Council (ICC), a nonprofit standard setting organization, that are updated every three years. 2012 is a code update year, and the recent changes have created controversy in some jurisdictions regarding adoption of the 2012 codes. Understanding the 2012 code changes that have a material impact on the design and performance of buildings is critical if you are planning new construction or building renovations in the near future.

MAJOR CHANGES IN THE 2012 CODES

Energy Efficiency

Arguably the most far-reaching changes in the 2012 codes are changes to the International Energy Conservation Code (IECC), designed to improve building energy efficiency. The 2012 codes provide new provisions to improve building energy efficiency by 15 percent above the 2009 codes, and 30 percent over the 2006 codes. A 30 percent enhancement in energy efficiency can change the economic calculus of a new building project. On the other hand, additional investment in energy efficiency may change the cost of construction. Changes to the construction codes can also change the competitive landscape - an older building may be less valuable than its newer counterpart not only because of the granite lobby, but also because of the long term energy savings.

For residential and commercial buildings, the 2012 IECC includes a comprehensive set of measures designed to improve the thermal envelope and to increase the efficiency of the HVAC and electrical systems. For commercial buildings, the IECC also includes energy performance standards for windows, doors and skylights.

Advocates of energy efficiency, including the U.S. Department of Energy, stress the energy and financial savings of the 2012 code changes. Critics of the increased energy efficiency requirements claim it will cost too much to comply with 2012 IECC, and that the return on investment in additional energy savings is small. As described in more detail below, the controversy over the IECC changes has slowed the adoption of the 2012 codes as a whole in some jurisdictions.

Protection from Wind, Seismic and Fire Catastrophes

Construction and real estate professionals need to be aware of the provisions in the 2012 codes that are designed to reduce...