The Code Development Hearing in Baltimore is the first step in approving changes that will become the 2012 IECC. A committee of 15 energy experts (click here for a list of the IECC Development Committee) will hear testimony for and against each proposed change that is submitted and then vote immediately to accept, modify and accept or reject each proposal in turn.

Attendees at the code hearings have always been able to object to and call for a vote of ICC members in attendance on specific Development Committee recommendations. But, for the first time, a new rule adopted by ICC in February 2009 will make successful floor motions – those that receive a two-thirds majority of ICC members in attendance – the initial motion at the Final Action Hearing (click here to see Section 5.7, called “Assembly Consideration,” of the ICC’s “Code Development Process.” http://www.iccsafe.org/news/about/pdf/CP28-05.pdf). In a nutshell:

1. You must be an ICC member to be eligible to vote on Assembly Motions.
   
2. To be successful, an Assembly Motion requires a 2/3 majority of ICC members in attendance.
   
3. At the Final Action Hearing (FAH) in Fall 2010, both the Development Committee’s and successful Assembly recommendations will be presented, but the Assembly Motion will be the prevailing motion. As such, it will require a two-thirds majority to overturn the Development Hearing Assembly Motion, even when the floor vote opposed the Committee recommendation.
   

Process for the Final Action Hearings (FAH) from October 28-November 1, 2010 in Charlotte, NC. At the FAH, ICC “Governmental Members” (mostly code officials) vote on each of the proposals. In the absence of successful Assembly Motions, Development Committee recommendations are the prevailing motions. As with the Development Committee hearings, public testimony for and against each proposal will be heard. Those proposals that were recommended for approval in Baltimore (either by the Committee or by the Assembly) and which receive a simple majority of votes will be published in the 2012 IECC.

Under ICC rules, proposals which were recommended for disapproval by the Development Committee, but which receive public comments following the Development hearing, can be voted on at the Final Action Hearings. Adopting a proposal that was disapproved by the Development Committee (or by a successful floor motion), however, requires a two-thirds vote of the governmental members present at the Final Action Hearing.

Once the hearing is called to order, the committee chair will work with the ICC Moderator to hear and act on each of the IECC code proposals, usually in numerical order (EC-1, EC-2, etc.).

There are generally two microphones facing the 15-person Development Committee table, one for proponents and another for opponents. Proponents speak first, and each person usually has up to 2 minutes to state their points (slides or other props are not allowed). The ICC moderator will cut off testimony when the allotted time expires. This process continues until all proponents have been heard, then it is repeated for opposing testimony.

Once opening testimony is complete, proponents and opponents are allowed 1 minute for rebuttal testimony using the same format. Occasionally, Committee members may ask questions of a witness. At the end of the testimony, the Moderator turns the proceeding over to the Committee Chairman for committee discussion, possible modifications and voting. Once the vote is taken and recorded, the Moderator moves on to the next proposal on the docket.

The hearings will be held from October 24 thru October 31 and November 4 thru November 11 at the Hilton Baltimore, located at 401 West Pratt Street; Baltimore, MD 21201. The phone number is (443) 573-3700.

The schedule for the Codes Forum 2009 can be found on the ICC’s website at:

http://www.iccsafe.org/cs/codes/2009-10cycle/HearingSchedule.pdf

The ICC has scheduled four full days for hearings on the IECC. On the first day, October 28, the hearing will begin no earlier than 8:00 AM. Although each day’s hearings are scheduled to end by 8:00 PM, they often go late into the evening and, on occasion, the committee chair will begin subsequent hearings earlier than 8:00. The hearings are currently scheduled to end on Saturday, October 31.

IRC Energy hearings are scheduled to begin no earlier than 1:00 PM on Monday, October 26 and end at 8:00 PM on Tuesday, October 27.

Due to the increase in the number of proposals submitted, the ICC has split the proceedings into two concurrent tracks. When hearings on other parts of the ICC codes are scheduled in the same hearing room, the ICC often indicates the earliest time a specific I-code’s hearing, such as IECC, will begin . . . it could and often does start after that time if the preceding hearing runs longer than expected. It’s best to prepare to be in the hearing room at the time indicated and then be prepared to stay to the end.

Anyone can testify at ICC hearings, but you need to register for the hearings to gain entry. Although you can register on site, it is best to register for the Baltimore hearing in advance by going to ICC’s registration page on its 2009 Codes Forum website:

http://www.eshow2000.com/iccbwi/splash.html

There is no charge to register for the hearings.

Because of the new rule allowing ICC members to vote in Assembly Action that disagrees with action taken by the Development Committee, you should consider joining the ICC as a “Building Safety Professional.” This membership category costs $100 and is for “individual who are interested in the purpose and objectives of the ICC.” You join ICC online at:

http://www.iccsafe.org/membership/nms.html

It is difficult to predict the exact time you would have your opportunity to speak in favor of the EECC’s energy efficiency proposals. Fortunately, EECC’s major proposals are at the start of the ICC’s Tentative Order of Discussion, for the IRC Energy and the IECC:

IRC Energy: RE-1 and RE-2 EECC’s two proposals to make the IECC the only model energy code for the ICC, are the first two items on the agenda. EC-25, our comprehensive “30Plus” package, is incorporated with four other comprehensive packages as the 8th Item on the agenda. You should plan to be in or near the hearing room at 1:00 PM on Monday, October 26.

IECC: EC-25 – our comprehensive “30Plus” package, is incorporated with six other comprehensive packages as the 20th Item on the agenda. You should plan to be in or near the hearing room at 8:00 AM on Wednesday, October 28.

All participants new to the ICC hearing process are asked to be patient and we strongly recommend that you be prepared to stay over the full period of time the IECC is scheduled to be under consideration to accommodate uncertainties that may rise in the hearing schedule.