Adopting A Property Maintenance Code Is Good for Your Town

A property maintenance code addresses conditions of existing non-residential property. It brings plenty of controversy in communities, but usually only among people who lean libertarian or who definitely don't want to comply for some reason. I've been responsible for code enforcement, which means that the actual inspectors reported to me. And that I was privileged to deal with all the judgment calls, usually with angry stakeholders crowding into my office on a Friday afternoon.

But I strongly encourage any well-run municipality to think about adopting a property maintenance code and others as well. We devoted a page elsewhere to why you should adopt a building code. A building code applies to new construction, and is so important that we placed it in the Crime and Safety section of this website.

Other Codes

The property maintenance code provides the muscle you need to address maintenance of existing non-residential structures and the surrounding property. It also addresses abandoned buildings and what are commonly called nuisances. A nuisance is that old car up on concrete blocks, the dirt yard with a big mudhole in the back, and all kinds of unspeakables. When towns and cities speak of their "nuisance code," it may be a collection of provisions from various adopted codes and local additions. There are several other codes you can consider adopting, including these:

• Plumbing code. This code sets the standards for plumbing in residential and non-residential structures.

• Electrical code. The National Fire Protection Association has held onto the National Electrical Code idea and pretty much controls this one.

• Mechanical code. It's possible to enact a separate mechanical code that covers mostly your heating, ventilation and cooling (HVAC) systems.

• Existing building code. This code overlaps with some others, but it allows a more flexible set of standards to encourage rehabilitation, repair, and re-use of existing structures. For example, the existing building code might allow you to keep your 30 inch wide hallways, whereas a building code aimed at new construction might require 36 or 40 inches to allow more clearance for a wheelchair, among other reasons.

• Energy conservation code. This code provides regulations for the municipality that wants to mandate energy conservation techniques and technologies, usually within new structures.

• Performance code. This is a flexible code with a different approach to construction, allowing any technique that "performs" to certain standards to be used.

What It Means to Adopt a Code

When we use the term "adopt" a property maintenance code, we mean the same thing as pass an ordinance, or a local law. Typically the term adopt recognizes that someone else has actually written the law, and that what we are doing locally is passing a law that says that our law is whatever is written in the code book.

Your local municipality certainly may modify the property maintenance code to fit your circumstances. For example, you might have an atypical type of building in your town, or you might simply want to be more lenient or more strict than the agreed-upon national, and now in fact international, code. So your ordinance by which you adopt the code may simply list the exceptions. For example, your attorney might advise you to write into your adopting ordinance that you wish to delete Paragraph A.II.1 and substitute the following wording, after which you write what you want to say instead.

You may adopt several codes from different code providers. The leader by far right now is the International Code Council. However, when you start adopting multiple codes because you became so excited after reading this page that you wanted one of everything, you need to be aware that you could be creating conflicting sets of rules. So seek advice, actually the read the codes, and sit and think if you want to adopt more than three or four compatible codes. For example, a performance code could well be in conflict with a building code, and you may need to think about how your existing building code would interact with an energy conservation code, should you decide to add the latter.

One final note is that you are likely to hear so much about LEED® certification, a program of the U.S. Green Building Council, in the next few months that you may begin to think LEED® is a code too. It isn't a code, in the sense of being a law. It is similar to a code in that it sets a standard, but it's an entirely voluntary standard. Unless you make a law that says that all new buildings of a particular description must meet the standards for LEED® certification! This program emphasizes energy conservation, the lowest possible carbon footprint for the building, using recycled materials, and generally being green.

LEED also is just one brand of "green" certification; there are others, most of which charge less in fees to the applicant.

Cost Considerations

Be aware that the code companies do charge for copies of the property maintenance code and any other codes you want to purchase. However, the popular codes cost about what you would expect for a comparable soft-cover technical book. Your code inspectors and any administrators can become members of a code organization, but membership usually is not mandatory for governments that adopt the code.

LEED® certification is fairly pricey, but it's the property owner who bears the cost. We figure they are paying to add to their marketability or their cachet, and more power to them.

But we're saving for last the cost considerations you're going to hear about most when you adopt codes. That would be the cost to the builder and ultimately the building's owner. Some people will complain loudly that adopting a code will cause their building to cost thousands of dollars more.

My advice is to listen politely to all of that. Ask your inspection staff or whoever you plan to hire for enforcement. Ask other experts you trust, such as your own favorite carpenter, plumber, electrician, and so forth. These folks probably won't be lacking in opinions. If it seems to you that a code provision is more about appearance than safety and function, certainly you can consider deleting that provision by reference when you adopt your code.

The property maintenance code shouldn't impose much in the way of costs that sensible property owners wouldn't be quite willing to pay. Basic upkeep helps property values remain stable or appreciate.

Of course, you also have to be able to afford the cost of a competent inspector and an enforcement mechanism, meaning a municipal or other court. If you're a small town, there may be opportunities to share an inspector with other nearby small towns.

But seriously, for safety's sake, provide for your town to receive the benefit of the countless hours of deliberation among national and international experts about what the building codes, and all other codes, should be.

And to keep your city or town competitive, you need to force owners to pay attention through a property maintenance code.

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