Update or establish state sub-code for housing rehabilitation
Action
America's housing stock is aging and homeowners are increasingly seeking to renovate their properties to meet their changing needs. While local building codes govern new construction, many states do not have codes for rehabilitation. Without specific and consistent guidance, rehabilitation of older properties often must conform to the same standards as new construction, standards that do not accommodate the specific needs and challenges of updating older homes.
A second factor in construction is state building codes, which are typically applied to the rehabilitation process. The State should ensure that its building codes not only allow for but encourage the rehabilitation of older homes.
Problems arise when there are no codes tailored for rehabilitation or when local governments seek to apply their own standards to the rehabilitation process, which are sometimes inconsistent from jurisdiction to jurisdiction. Action can be taken to revise or establish a sub-code that includes standards for rehabilitation and renovation. For example, states can review building codes for inconsistencies and suggest elements of the rehabilitation codes that can be updated.
Process
States can develop a rehabilitation code either by writing the code from scratch or by adopting a model code. Starting from scratch requires willingness on the part of the State to administer and maintain the code, a factor that has deterred many states from following this approach. Due to a lack of model rehabilitation codes, Maryland and New Jersey effectively developed building codes from scratch, although Maryland borrowed heavily from New Jersey's code.
In response to the New Jersey and Maryland successes, the U.S. Department of Housing and Urban Development (HUD), the International Code Council, and the National Fire Protection Association developed a set of model rehabilitation codes that can be adopted by states and jurisdictions. Also, many states are adopting the 2006 International Existing Building Code, which contains requirements intended to encourage the use and reuse of existing buildings, as their building rehabilitation code.
Examples
- New Jersey’s Rehabilitation Sub-code
New Jersey adopted a rehabilitation sub-code in 1997. The sub-code applies to all rehabilitation activity in the state and is part of the State's Uniform Construction Code. The code had an immediate impact on redevelopment activity across the state. As a result, rehabilitation spending in New Jersey's largest cities increased. The success of the sub-code is attributed to the lower rehabilitation costs, a perception that the state is now in favor of rehabilitation, and a streamlined plan review process.
— New Jersey’s Rehabilitation Sub-Code
