MODEL # 97-4

MARYLAND BUILDING PERFORMANCE STANDARDS:
A DIFFERENT APPROACH TO A MORE UNIFIED CODE SYSTEM
STATE OF MARYLAND
EXECUTIVE SUMMARY

REGULATORY AREAS:
Administration & Enforcement
Construction Codes

PROBLEM:
Building Codes - Lack of Uniformity

Each jurisdiction in the State of Maryland could adopt any building code it chose, leading to confusion and inefficiency.

BACKGROUND:
Prior to 1993, each jurisdiction within the State of Maryland was allowed to implement any building code it chose. Most local jurisdictions adopted several different versions of the Building Officials and Code Administrators International (BOCA) code, while others opted for the Southern Building Code Conference International (SBCCI). This lack of uniformity led to inefficiencies, wasted time and money for builders and the construction industry statewide and at all levels of government.

SOLUTION:
Legislation - Maryland Building Performance Standards

In 1993, the Maryland Building Performance Standard (MBPS) became law. It required all jurisdictions to adopt the same, most recent issue of BOCA. The law, however, allows for local amendment.

DESCRIPTION:
Under the MBPS, local jurisdictions must adopt the same version of BOCA. They are, however, permitted to make amendments necessary to adjust the code to account for special concerns, such as local soil conditions. All amendments made to the code are placed into a computer database, fully accessible to all local jurisdictions and to the public by subscription.

Local jurisdictions have the power to amend under the MBPS. The legislation was a compromise so that local jurisdictions could work together to promote uniformity. As a result, there are no penalty clauses for those jurisdictions that do not comply.

RESULTS:
The MPBS program has encouraged local and state building officials to work together on many issues. It may take many more years to assure more uniformity because code enforcement is a local issue. Since the program is a funded mandate, however, localities have an incentive to utilize it.

EVALUATION BY STREAMLINING COMMITTEES:
Advantages:
The Administration & Enforcement and Construction Codes Task Groups noted that this model brings elements of the building regulatory process together and requires uniformity between jurisdictions resulting in increased productivity, reduced time, reduced cost and reduced complexity. The Administration & Enforcement Task Group noted that the outstanding points of this model are that it is a model of a statewide building code, it includes a computer database made available to all jurisdictions and users through a subscription service (described in Model 97-5), it provides a central funding source, and it is a good example of adoption of a statewide code by making concessions to overcome historical political objections.

Limitations:
The Construction Codes Task Group noted that the enforcement provisions could be stronger - some local jurisdictions have not yet adopted the codes

IMPLEMENTATION:
All Maryland counties and municipalities have adopted the latest edition of the BOCA National Building Code. There were a few that lagged behind the deadline, but they did eventually adopt the code. All non-code counties will have a code by January 1998. A few counties adopted the code prior to the deadline, and some were about a month or so late. Many counties are now working together to assist each other. The Maryland Building Officials Association was instrumental in providing assistance. The work is ongoing, since the MBPS progressed in phases, with the final implementation phase expected to be completed by 1999.

The cost of developing the software for the program was $60,000. Direct costs for implementing the code system have not been finalized.

FOR MORE INFORMATION OR ASSISTANCE IN CONSIDERING THE USE OF THIS MODEL, PLEASE CONTACT:
James Hanna
Director, Codes Administration/MHF
100 Community Place
Annapolis, MD 21032
(410) 514-7212
FAX (410) 987-8902

FOR A COPY OF THE REGULATIONS, COMAR .05.02.07, PLEASE CONTACT:
Maryland Division of State Documents
(410) 974-2486
Email: mddsd@ari.net

To download a copy of the order form, please visit www.sos.state.md.us and click on "Division of State Documents"

FOR A COPY OF THE LEGISLATION, ARTICLE 83b, 6-401 THROUGH 6-406, PLEASE CONTACT:
Maryland Department of Legislative Services, Library of Information Services
(410) 841-3810
Email: libr@mlis.state.md.us
Website: www.mdarchives.state.md.us