[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2592 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2592
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to enhance existing programs providing mitigation
assistance by encouraging States to adopt and actively enforce State
building codes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2009
Mr. Mario Diaz-Balart of Florida (for himself, Mr. Arcuri, Mr. Brown of
South Carolina, Mr. Filner, Mr. Rooney, Mr. Lincoln Diaz-Balart of
Florida, and Mr. Crenshaw) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to enhance existing programs providing mitigation
assistance by encouraging States to adopt and actively enforce State
building codes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Building Code Incentive Act of
2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mitigation planning is the foundation for saving lives,
protecting residential and commercial properties, and
developing disaster resistant communities;
(2) recent studies of the performance of building
structures during disasters have demonstrated that the adoption
and active enforcement of State building codes have greatly
reduced residential and commercial property damage and personal
injury resulting from major disasters;
(3) modern building codes govern all aspects of
construction and are designed to ensure that single-family
residential dwellings and commercial structures are protected
from natural disasters;
(4) the people of the United States rely on active
enforcement of modern building codes for assurance that minimum
standards for reducing personal injuries and property damages
have been met in the buildings they live in, work in, and visit
everyday;
(5) active enforcement of building codes plays an
increasingly important role in public safety and loss
prevention of residential and commercial property;
(6) active enforcement of building codes based on
nationally recognized models reduces the need for public
disaster aid, creates sustainable communities, promotes a level
and consistent playing field for design professionals,
suppliers, and builders, and can contribute to the durability
of residential and commercial structures;
(7) under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal
Emergency Management Agency provides Federal assistance to
States for mitigation efforts;
(8) it is beneficial and appropriate to expand Federal
mitigation assistance to encourage States to take a
comprehensive and integrated approach to disaster loss
reduction; and
(9) it is beneficial to the Federal Government and
appropriate that Federal mitigation assistance be used to
encourage the adoption and active enforcement of State building
codes as a disaster mitigation strategy under the auspices of a
comprehensive disaster loss reduction plan.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) substantially mitigate the occurrence of loss to
residential and commercial property, reduce and minimize damage
when losses to residential and commercial property occur,
improve the quality and value of residential and commercial
property, and reduce the need for public disaster aid;
(2) provide incentives for the adoption and active
enforcement of State building codes;
(3) encourage States to continue their key responsibility
to coordinate all State and local activities relating to hazard
evaluation and mitigation, as specified in section 201.3(c) of
title 44, Code of Federal Regulations, through the adoption and
active enforcement of State building codes; and
(4) encourage States to require that local governments use
a current version of a nationally applicable model building
code that address natural hazards as a basis for design and
construction of State-sponsored mitigation projects described
in section 201.5(b)(4)(iv) of title 44, Code of Federal
Regulations.
SEC. 4. ADDITIONAL MITIGATION ASSISTANCE.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(d) Additional Mitigation Assistance.--
``(1) In general.--If, at the time of a declaration of a
major disaster, the affected State has in effect and is
actively enforcing throughout the State an approved State
building code, the President may increase the maximum total of
contributions under this section for the major disaster, as
specified in subsection (a) and section 322(e), by an amount
equal to 4 percent of the estimated aggregate amount of grants
to be made (less any associated administrative costs) under
this Act with respect to the major disaster.
``(2) Submission.--To be eligible for an increased Federal
share under paragraph (1), a State shall submit its State
building code to the President for approval.
``(3) Approval.--The President shall approve a State
building code submitted under paragraph (2) if the President
determines that the building code--
``(A) is consistent with the most recent version of
a nationally recognized model building code;
``(B) has been adopted by the State within 6 years
of the most recent version of the nationally recognized
model building code; and
``(C) uses the nationally recognized model building
code as a minimum standard.
``(4) Periodic updates.--The President, acting through the
Administrator, shall set appropriate standards, by regulation,
for the periodic update, resubmittal, and approval of a State
building code approved by the President in accordance with
paragraph (3) that are consistent with similar requirements
related to mitigation planning under section 322.
``(5) Definitions.--In this subsection, the following
definitions apply:
``(A) Actively enforcing.--The term `actively
enforcing' means effective jurisdictional execution of
all phases of a State building code in the process of
examination and approval of construction plans,
specifications, and technical data and the inspection
of new construction or renovation.
``(B) Nationally recognized model building code.--
The term `nationally recognized model building code'
means a building code for residential and commercial
construction and construction materials that--
``(i) has been developed and published by a
code organization in an open consensus type
forum with input from national experts; and
``(ii) is based on national structural
design standards that establish minimum
acceptable criteria for the design,
construction, and maintenance of residential
and commercial buildings for the purpose of
protecting the health, safety, and general
welfare of the building's users against natural
disasters.
``(C) State building code.--The term `State
building code' means requirements and associated
standards for residential and commercial construction
and construction materials that are implemented on a
statewide basis by ordinance, resolution, law, housing
or building code, or zoning ordinance. At a minimum,
such requirements and associated standards shall
apply--
``(i) to construction-related activities of
residential building contractors applicable to
single-family and 2-family residential
structures; and
``(ii) to construction-related activities
of engineers, architects, designers, and
commercial building contractors applicable to
the structural safety, design, and construction
of commercial, industrial, and multifamily
structures.
``(6) Regulations.--Not later than 180 days after the date
of enactment of this subsection, the President, acting through
the Administrator of the Federal Emergency Management Agency,
shall issue such regulations as may be necessary to carry out
this subsection.''.
SEC. 5. PREDISASTER HAZARD MITIGATION.
(a) Uses of Technical and Financial Assistance.--Section
203(e)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133(e)(1)(B)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) to establish and operate a building
department and carry out enforcement activities
to implement a State building code approved
under section 404(d).''.
(b) Criteria for Assistance Awards.--Section 203(g) of such Act (42
U.S.C. 5133(g)) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following:
``(10) the extent to which the State or local government is
carrying out activities to implement a State building code
approved under section 404(d) and''.
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