APGA expresses its appreciation and support for the International Code Council (ICC) Board’s recent decisions on its joint appeals with the American Gas Association (AGA). With today’s announcement, the 2021 International Codes will not contain any of the provisions contested by APGA and AGA.
The ICC appeals process, which allows all stakeholders to voice their opinion in an open forum, is an excellent example of the effectiveness of current code development practices. ICC identifies itself as “the leading global source of model codes and standards and building safety solutions [which] are used to ensure safe, affordable, and sustainable communities and buildings worldwide.” Because ICC codes are adopted at all levels of government, transparent and robust procedures are critical to success. This recent appeals process demonstrates the ICC’s commitment to those procedures and the importance of the existing code development process.
On behalf of our members, APGA advocates for consumers to be able to maintain their right to choose efficient, affordable, and reliable direct use of natural gas as an energy source for their home. At three times the efficiency of electricity and at one-third of the cost, the direct use of natural gas has a key role to play as our country works to address climate change and promote climate justice. That is why, in May, APGA and AGA appealed several actions related to new provisions in the International Energy Conservation Code (IECC) that favored electrification. The APGA-AGA appeal contended that ICC staff should have prevented the provisions from moving forward during the code development process because they either raised federal preemption concerns or were outside of the IECC’s scope and intent.
Today, the ICC Board released its decision to sustain the scope and intent appeals, as it found the provisions were “outside the current scope and intent of the energy provisions of the IECC and IRC [International Residential Code].” With regards to the preemption appeals, on September 23, the Board found that there were no violations of process or procedure. However, the Board still voted to not include the contested provisions in the 2021 International Codes because they were “inconsistent with the spirit, intent and mission of the Code Council.”
The ICC Board’s appeal determinations were accompanied by additional recommendations, including referring the issue of preemption generally for consideration to the Board Committee on the Long-Term Code Development Process. APGA is supportive of ICC’s plans to review this and other concerns, as it will ensure that the code development body’s processes continue to be transparent and fair, allowing for equitable representation. We look forward to engaging further with ICC and all stakeholders to best address these issues.
For questions on this article, please contact Renée Lani of APGA staff by phone at 202-464-2742 or by email at
rlani@apga.org.