,,ii #aacth ,,congress #ast ,session ,s4 #ije ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #h1 #bjac ,mr4 ,menendez 7for himself1 ,mr4 ,lautenberg1 and ,mr4 ,schumer7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act to enhance existing programs providing mitigation assistance by encouraging ,states to adopt and actively enforce ,state building codes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safe ,building ,code ,incentive ,act of #bjac4 #b4 ,findings ,congress finds that-- 7#a7 mitigation planning is the foundation for saving lives1 protecting residential and commercial properties1 and developing disaster resistant communities2 7#b7 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 disasters2 7#c7 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 disasters2 7#d7 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 in1 work in1 and visit everyday2 7#e7 active enforcement of building codes plays an increasingly important role in public safety and loss prevention of residential and commercial property2 7#f7 active enforcement of building codes based on nationally recognized models reduces the need for public disaster aid1 creates sustainable communities1 promotes a level and consistent playing field for design professionals1 suppliers1 and builders1 and can contribute to the durability of residential and commercial structures2 7#g7 under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq471 the ,federal ,emergency ,management ,agency provides ,federal assistance to ,states for mitigation efforts2 7#h7 it is beneficial and appropriate to expand ,federal mitigation assistance to encourage ,states to take a comprehensive and integrated approach to disaster loss reduction2 and 7#i7 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 plan4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to substantially mitigate the occurrence of loss to residential and commercial property1 reduce and minimize damage when losses to residential and commercial property occur1 improve the quality and value of residential and commercial property1 and reduce the need for public disaster aid2 7#b7 to provide incentives for the adoption and active enforcement of ,state building codes2 7#c7 to encourage ,states to continue their key responsibility to coordinate all ,state and local activities relating to hazard evaluation and mitigation1 as specified in section #bja4c7;c7 of title #dd1 ,code of ,federal ,regulations1 through the adoption and active enforcement of ,state building codes2 and 7#d7 to 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 #bja4e7;b77#d77;iv7 of title #dd1 ,code of ,federal ,regulations4 #d4 ,additional mitigation assistance 7a7 ,in general ,section #djd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c7 is amended by adding at the end the following3 7f7 ,additional mitigation assistance 7#a7 ,in general ,if1 at the time of a declaration of a major disaster1 the affected ,state has in effect and is actively enforcing throughout the ,state a ,state building code that satisfies the conditions in paragraph 7#b71 the ,president may increase the maximum total of contributions under this section for the major disaster1 as specified in subsection 7a7 and section #cbb7;e71 by an amount equal to #d percent of the estimated aggregate amount of grants to be made 7less any associated administrative costs7 under this ,act with respect to the major disaster4 7#b7 ,submission ,to be eligible for an increased ,federal share under paragraph 7#a71 a ,state shall certify to the ,president that the ,state has a building code that-- 7,a7 is consistent with the most recent version of a nationally recognized model building code2 7,b7 has been adopted by the ,state within #f years of the most recent version of the nationally recognized model building code2 and 7,c7 uses the nationally recognized model building code as a minimum standard4 7#c7 ,approval ,the ,president shall approve the additional assistance under this section1 if the ,president determines that the certification of the ,state provided under paragraph 7#b7 is sufficient and is submitted not later than #ij days after the date of a declared disaster4 7#d7 ,periodic updates ,the ,president1 acting through the ,administrator1 shall set appropriate standards1 by regulation1 for the periodic update1 resubmittal1 and approval of a ,state building code approved by the ,president in accordance with paragraph 7#c7 that are consistent with similar requirements related to mitigation planning under section #cbb4 7#e7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,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 plans1 specifications1 and technical data and the inspection of new construction or renovation4 7,b7 ,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-- 7i7 has been developed and published by a code organization in an open consensus type forum with input from national experts2 and 7ii7 is based on national structural design standards that establish minimum acceptable criteria for the design1 construction1 and maintenance of residential and commercial buildings for the purpose of protecting the health1 safety1 and general welfare of the building's users against natural disasters4 7,c7 ,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 ordinance1 resolution1 law1 housing or building code1 or zoning ordinance4 ,at a minimum1 such requirements and associated standards shall apply-- 7i7 to construction-related activities of residential building contractors applicable to single-family and #b-;family residential structures2 and 7ii7 to construction-related activities of engineers1 architects1 designers1 and commercial building contractors applicable to the structural safety1 design1 and construction of commercial1 industrial1 and multifamily structures4 7#f7 ,regulations ,not later than #ahj days after the date of enactment of this subsection1 the ,president1 acting through the ,administrator of the ,federal ,emergency ,management ,agency1 shall issue such regulations as may be necessary to carry out this subsection4 4 7b7 ,applicability ,section #djd7;f7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act1 as added by this section1 shall apply to major disasters declared on or after ,october #bd1 #bjab4 ,major disasters declared during the period beginning on ,october #bd1 #bjab and ending on the date of enactment of this ,act1 shall have #ij days from date of enactment of this ,act to submit the certification required under #djd7;f77#b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act1 as added by this ,act4