South Carolina Sea Grant Consortium
287 Meeting Street, Charleston, SC 29401
phone: 843.727.2078 — fax: 843.727.2080

Although South Florida's code saved lives and property during Andrew, it soon will be swept aside. Under a 1998 law passed by the Florida legislature, there will be a new statewide building code in 2001, replacing 450 local codes. A state system of testing and approving building products will be created, replacing county control. The building industry pushed for the law because many contractors, engineers, architects, and manufacturers have wanted to work under similar standards in all Florida counties. To Saffir, however, a statewide standard inevitably would be weaker than South Florida's. "A state code," he said, "would lack the details of our code, and would lead to weakened construction here."

Under the new law, localities could issue special amendments to the state code—with important restrictions. Localities could issue amendments just twice a year, but first they must analyze each amendment's economic impact on the building industry and consumers. Any interested party—homeowners, builders, or manufacturers—can appeal local changes to the code, first to a county board and then to a state building commission. But most important, all amendments would be "sunset" after three years, so local officials would have to reapply to alter state regulations.

Establishing tougher local codes would be very difficult under these conditions. Jeff Robinson noted that the best time to establish stringent building rules is immediately following a disaster. "In the wake of a hurricane, there is a brief political opportunity to implement new standards, because public memory is very short. After a storm is the only time that John Q. Public says, 'I don't want this kind of destruction to happen again.' "

Yet under the new state law, South Florida counties would have to recreate a public consensus every three years for stricter building standards as memories of Andrew fade.

More than any other coastal area, South Florida has made a serious effort to reduce its hurricane vulnerability. Since 1957, Dade County has had one of the toughest building codes for high winds in the nation—a code that saved many lives during Andrew. Moreover, when the 1992 hurricane highlighted holes in the code, local officials improved building regulations and enforcement, and demanded that builders use higher-quality materials and better construction techniques. As a consequence, there have been considerable improvements in the quality of construction. Even so, it seems clear that regulators, in their determination to strengthen buildings, sometimes have been inflexible and unwilling to listen to industry's complaints.

While both sides have compelling arguments, the region must confront unusual dangers. During hurricane season, South Florida faces a high probability of disaster, and one of the best methods to reduce future storm damage is to establish and enforce tough building codes. But under the new Florida law, local regulators would be unable to tighten construction standards without repeatedly asking permission from the state. Under the circumstances, it seems unwise for state lawmakers to sweep away South Florida's local authority and its historical legacy of success.

John H. Tibbetts is a writer/editor for the
South Carolina Sea Grant Consortium in Charleston, SC.