FEMA’s Updated Mitigation Policy Increases Its Support for Building Codes

On March 23, 2023, the Federal Emergency Management Association (FEMA) released its 2023 Hazard Mitigation Assistance Program and Policy Guide (HMA Guide) as an updated comprehensive policy handbook to govern mitigation grant programs.

Since the publication of the 2015 HMA Guidance and HMA Guidance Addendum, many developments have impacted FEMA’s mitigation grant programs. This includes the passage of the Disaster Recovery Reform Act of 2018, the introduction of the Building Resilient Infrastructure and Communities (BRIC) program and increased funding and accessibility to mitigation programs through the Infrastructure Investments and Jobs Act of 2021. This also includes prioritization of new resiliency concepts to accelerate and advance mitigation investment, such as those outlined in the National Mitigation Investment Strategy and FEMA’s Building Codes Strategy.

The 2023 HMA Guide replaces the 2015 publication and covers FEMA’s Hazard Mitigation Grant Program (HMGP), Hazard Mitigation Grant Program Post Fire (HMGP Post Fire), BRIC and Flood Mitigation Assistance (FMA) programs.

The Importance of the International Codes

For the first time, the Guide establishes a minimum resilient construction requirement for mitigation projects, stating that regardless of what code is adopted locally, “All mitigation reconstruction activities must be completed in accordance with the latest published editions of the International Codes and Federal Flood Risk Management Standard requirements.”  

For residential construction, unless the Authority Having Jurisdiction (AHJ) has adopted the latest or next most recent International Residential Code® (IRC), the latest IRC is required. The International Existing Building Code® (IEBC) is also explicitly stated as required for wind loading. 

With respect to structural retrofits, the Guide notes, “The International Existing Building Code and reference standards are commonly used for structural retrofitting to achieve a certain level of risk reduction.”  

For defensible space, the Guide “recognizes the importance of creating defensible space for residential and non-residential buildings and structures in accordance with local fire codes; standards and design criteria provided by ICC, FEMA, the Fire Administration and the NFPA.”  

The Guide further notes, “The protection of homes, structures and critical facilities using ignition-resistant construction techniques or non-combustible building materials must be implemented in conformance with the local fire-related codes and standards. FEMA recommends that projects use the International Wildland Urban Interface Code, FEMA P-737 or FEMA P-754 as appropriate.”

Support Through the International Code Council

The Guide includes an extensive list of eligible code activities of interest to the International Code Council family of solutions and its members, including: 

• Code evaluation/implementation 
• Code enhancement  
• Technical assistance (including through a contract with a model code developer) 
• Training (including on e-permitting, remote and virtual inspection) 
• Labor costs for code review/development and training/certs  
• Consulting services  
• Materials (including books and online content)  
• Software (e-permitting, virtual inspection software etc.)  
• Public awareness campaigns 
• Surge expenses (for HMGP only) 

The Code Council has a team dedicated to assisting state, local, tribal and territorial (SLTT) governments in accessing funds from these U.S. federal grant programs. Learn more about resources and available support here.