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Model Code Proposals in the 2007-2008 Code Change Cycle

The final action hearings for the 2007-2008 cycle occurred in September 2008 in Minneapolis before more than 1000 code officials. The key advocates for new provisions to protect health in the indoor environment were Tom Neltner of the National Center for Healthy Housing, code official Wayne Jewell from Southfield, MI, HUD’s Warren Friedman, and Jane Malone from the Alliance.

The ICC approved:

    (1) Requiring, in the Residential Code [construction], carbon monoxide alarms in existing dwelling units with fuel-fired appliances or attached garages if there are interior alterations, repairs, fuel-fired appliance replacements, additions requiring a permit, or new bedrooms, and in all new dwelling units that have fuel-fired appliance or attached garages.

    (2) Changing the Property Maintenance Code Section on pests by updating the name from “Extermination” to “Pest Elimination,” deleting poison spraying and fumigation, and prohibiting all rodents and water sources.

Work Needed: ICC members upheld the Property Maintenance Committee’s rejection of these proposed requirements:

    (1) Repair of exterior deteriorated pain in pre-1978 buildings using lead-safe work practices (unless there’s no lead-based paint).

    (2) Repair of interior deteriorated paint in pre-1978 buildings using lead-safe work practices (unless there’s no lead-based paint).

    (3) Correct underlying source of moisture causing interior paint failure.

    (4) Maintenance of water temperature in showers and tubs at maximum 120° F.

    (5) Carbon monoxide alarm wherever there is an attached garage or a fuel burning furnace, water heater or appliance.

    (6) Bathroom floor surfaces that are smooth, hard, nonabsorbent (except in single family dwellings; exclusive of non-permanent bathroom mats).

Big Picture Missing: ICC members also rejected the addition to the IPMC of a new Chapter 8 pertaining to Health and Sanitation that will make violation of existing health standards for friable asbestos, carbon monoxide, radon, lead, potable water, and arsenic-treated lumber a code violation.

New model code change proposals for the 2009-2010 cycle were submitted to the ICC on June 1, 2009. The Alliance and the National Center will continue to pursue needed requirements in the model codes.

Background

Original Proposals Submitted August 2007

  1. Re-define already-required extermination to exclude poison spraying and fumigating; allow the use of registered pesticides consistent with label instructions in a manner that effectively controls the pest with the lowest exposure to occupant; and eliminate pests’ access to sources of water.
  2. Require correction of moisture that causes deteriorated paint or other defective conditions.
  3. Require repair of peeling paint on the interior and exterior surfaces of pre-1978 housing, using approved lead-safe work practices, and refraining from using dangerous methods of paint removal (open flame burning or torching; machine sanding, machine grinding, abrasive blasting or sandblasting without a high-efficiency particulate air (HEPA) local exhaust control; heat guns operating above 1100 degrees Fahrenheit or charring the paint; dry sanding; dry scraping; and paint stripping using a solvent that contains methylene chloride without powered mechanical ventilation). Click here and here for the text of the changes.
  4. Clarify that an occupant of a multiple dwelling is not solely responsible for extermination.
  5. Prohibit lead-based paint hazards and excessive carbon monoxide.
  6. Require smooth, hard, nonabsorbent surfaces in bathroom floors in multiple dwelling units.
  7. Require that clothes dryer exhaust be vented to the exterior of the structure (except listed an labeled condensing dryers).
  8. Set maximum hot water temperature for bathtubs and showers to 120 degrees Fahrenheit.
  9. Require a carbon monoxide alarm in structures that have an attached garage or a fuel-burning furnace, water heater, or appliance.
  10. Clarify that unvented fuel-burning equipment used indoors must be labeled for indoor use and operated and maintained according to the manufacturer’s instructions.

These proposals were first considered during hearings on February 18, 2008, in Palm Springs, CA. Two were accepted with modifications: Pest control in multi-unit housing complexes and clothes dryers.

Accepted Proposals

403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer’s instructions label.

Exception: Listed and labeled condensing (ductless) clothes dryers.

308.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for extermination.

These proposals only require a majority vote by the full ICC assembly when it meets in Minneapolis, MN in September 2008.


Revised Proposals Submitted in June 2008

In June 2008, NCHH and the Alliance submitted six proposed modifications to its proposals that were disapproved by the Committee. These modifications were designed to address the concerns of the Committee.

  • PM4 – Revised proposal for requiring repair of exterior deteriorated paint in pre-1978 buildings using lead-safe work practices as defined by EPA’s Renovation, Repair and Painting Rule.
  • PM6 – Revised proposal for requiring repair of interior deteriorated paint in pre-1978 buildings using lead-safe work practices as defined by EPA’s Renovation, Repair and Painting Rule and requiring correction of underlying source of moisture problems causing paint failure.
  • PM3 – Revised proposal to change the definition of extermination, renaming the requirement “pest elimination,” eliminating references to poison spraying and fumigation, and adding references to all rodents and water sources.
  • PM14 – Revised proposal to maintain maximum water temperature in showers and tubs at maximum of 120°F
  • PM7 – Revised proposal to require a carbon monoxide alarm where there is an attached garage or a fuel burning furnace, water heater or appliance.

The final action hearings for the 2007-2008 cycle occurred in September 2008 in Minneapolis before more than 1000 code officials. The key advocates for new provisions to protect health in the indoor environment were Tom Neltner of the National Center for Healthy Housing, code official Wayne Jewell from Southfield, MI, HUD’s Warren Friedman, and Jane Malone from the Alliance.

The ICC approved:

    (3) Requiring, in the Residential Code [construction], carbon monoxide alarms in existing dwelling units with fuel-fired appliances or attached garages if there are interior alterations, repairs, fuel-fired appliance replacements, additions requiring a permit, or new bedrooms, and in all new dwelling units that have fuel-fired appliance or attached garages.

    (4) Changing the Property Maintenance Code Section on pests by updating the name from “Extermination” to “Pest Elimination,” deleting poison spraying and fumigation, and prohibiting all rodents and water sources.

Work Needed: ICC members upheld the Property Maintenance Committee’s rejection of these proposed requirements:

    (7) Repair of exterior deteriorated pain in pre-1978 buildings using lead-safe work practices (unless there’s no lead-based paint).

    (8) Repair of interior deteriorated paint in pre-1978 buildings using lead-safe work practices (unless there’s no lead-based paint).

    (9) Correct underlying source of moisture causing interior paint failure.

    (10) Maintenance of water temperature in showers and tubs at maximum 120° F.

    (11) Carbon monoxide alarm wherever there is an attached garage or a fuel burning furnace, water heater or appliance.

    (12) Bathroom floor surfaces that are smooth, hard, nonabsorbent (except in single family dwellings; exclusive of non-permanent bathroom mats).

Big Picture Missing: ICC members also rejected the addition to the IPMC of a new Chapter 8 pertaining to Health and Sanitation that will make violation of existing health standards for friable asbestos, carbon monoxide, radon, lead, potable water, and arsenic-treated lumber a code violation.

New Model code change proposals for the 2009-2010 cycle were submitted to the ICC on June 1, 2009. The Alliance and the National Center will continue to pursue needed requirements in the model codes.