Today, the ICC released the intention of the National Association of Home Builders (NAHB) to request a appeal hearing on RB 64 and RB 66 of the 2007/2008 code development cycle. The notice of appeal has been transmitted to interested parties by the ICC based on the appeal notification dated October 30, 2008, by the NAHB. The request by the NAHB claims that the ICC failed in providing a voluntary consensus standard and
The NAHB Claims:
- ICC states that its International Codes are developed using the governmental consensus process. Further, it claims that the ICC governmental consensus process meets the principles defined in OMB Circular A-119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.
- The appeal Regrettably, voting on code changes RB64 and RB66 demonstrated an unequivocal failure of the ICC code development process to achieve real consensus on these code changes by not preventing a single interest group, specifically the fire service, from unfairly dominating the voting on these two proposals at the Final Action Hearings. The voting on these code changes clearly violated the principle of “balance of interest” specified in OMB Circular A-119 for a voluntary consensus body (see Attachment A.)
- ICC maintains that its code development process is fair and open – a cornerstone of any consensus process. However, it is NAHB’s opinion that ICC’s governmental consensus process was manipulated and subverted to advance the interests of a single stakeholder. This belief is shared by many other industry groups, as well as numerous code official members of ICC, who have voiced their concerns to NAHB since the hearings in Minneapolis.
- NAHB strongly believes ICC must take immediate and strong action to eliminate the growing influence of third-party funding to secure votes at the ICC Final Action Hearings.
Based on the submitted appeal the NAHB is requesting that the ICC Board of Directors:
- Set aside the results of the ICC Final Action on RB64 and RB66 and call for reconsideration during the 2009/2010 ICC Code Development Cycle.
- Take immediate action to eliminate the influence of third-party funding in the voting process.
- Undertake corrective action(s) to ensure that the ICC governmental consensus process is a fair and balanced process by restoring the principle of balance of interest in the selection of Governmental Member Voting Representatives.
We encourage you to provide your views, comments, and information to the ICC. The NAHB has utilized its power to influence the code development for many years. This was extremely clear by the actions taken by the members on the IRC committee who served during the Palm Springs code development process. These representatives of the NAHB undermined the committee process and demonstrated clearly that the views of the NAHB are not based on safety and intended to confuse other committee members while moving an agenda of a single stakeholder.
Inspectors, code officials, fire marshals, plan reviews, and similar interests must make sure that the process of the ICC remains in the hands of the governmental members. We encourage you to file your written statement to the ICC. Per the ICC notice, the appeals board is taking written views on the request for appeal. The written requests should be filed with Mr. Michael Pfeiffer (ICC Deputy Senior Vice President, Technical Affairs), in accordance with the proper procedures for appears for the ICC.