First State To Adopt ICC/MBI 1200 And 1205
The Commonwealth of Virginia is the first state to adopt ICC/MBI 1200 and 1205 which became effective January 18, 2024. The ICC news release on Jan. 3, 2024, announced the adoption of the standards that were developed by the International Code Council and the Modular Building Institute.
ICC/MBI Standard 1200-2021: Standard for Off-Site Construction: Planning, Design, Fabrication, and Assembly and ICC/MBI Standard 1205-2021: Standard for Off-Site Construction: Inspection and Regulatory Compliance were developed in order to provide best practices based on existing off-site construction programs and support consistency and efficiency in how off-site construction is approved and inspected.
Note: ASTME541 has been cited in Virginia’s state regulation for decades for the agencies engaged in system analysis and compliance assurance for manufactured building. The agencies are also known as third party agencies.
13 VAC 5-91-200:Updates the ASTM E541-01 Standard to the E541-08
Virginia Industrialized Building Safety Regulations: Document Aug 12, 2009
Note: It was not until 2009 that Virginia added additional options in lieu of ASTME541 that included ICC or DHCD certification.
Updates the ASTM E541-01 Standard to the E541-08 Standard for Agencies Engaged in System Analysis and Compliance Assurance for Manufactured Building. Also adds the option for inspection personnel of obtaining a DHCD or ICC certification in the appropriate subject area in lieu of complying with the ASTM E541 standard when conducting compliance assurance inspections.
ASTME541 Supercedes Adopted Standards
Where There Are Differing Requirements
After the adoption of the standards in Virginia, I reached out to Jeff Brown, who is the State Building Codes Office Director because I wanted to know if they were still accepting third party agencies that met the criteria of ASTME541 and this was his answer.
” While we did incorporate 1200 & 1205, which include different accreditation requirements, the ASTM E541 accreditation is still listed in our state regulations, and where there are differing requirements between the regulations and incorporated standards, the regulations supersede, so the ASTM E541 accreditation is still acceptable in Virginia. ”
Sincerely,
JEFF BROWN, MCP, CBO, CFM
State Building Codes Office Director
Virginia Department of Housing and Community Development (DHCD)
804.371.7161
What Is ASTME541 ?
ASTME541 is a standard that has been referenced for over 4 decades and is in the state regulations of Virginia, and will also be accepted for accreditation. For decades, all third parties had to meet the criteria of ASTME541 .
Standard Specification for Agencies Engaged in System Analysis and Compliance Assurance for Manufactured Building
ASTME541 is a standard that has been referenced for over 4 decades and is in the state regulations of Virginia, and will also be accepted for accreditation. For decades, all third parties had to meet the criteria of ASTME541 .
Scope
1.1 This specification provides the criteria for the administrative agency that has regulatory authority as granted by the authority having jurisdiction AHJ to evaluate the capabilities and qualifications of building evaluation agencies, that performs system analysis or compliance assurance or both for certification of manufactured building on behalf of an authority having jurisdiction (AHJ) that meet the needs of regulatory programs. Administrative agencies and building evaluation agencies (third-party agencies) are the primary users of the standard.
Where Is ASTME541 Referenced?
I have compiled a list of the 11 states that reference ASTME541, along with HUD, and relevant documents supporting my research. There could be more states and there are several countries referencing ASTME541 as well, The following states reference ASTME541, Virginia, California, Illinois, Georgia, Maine, New Hampshire, Rhode Island, Minnesota, North Dakota, and New Jersey. The last four states follow the provisions of The Industrialized Interstate Building Commission.
Note: Wisconsin is listed on my PDF with the state adoption of ASTME541, but it is a very dated document, so I need to do more research on that state.
Resources Citing Virginia And ASTME541
3 Va. Admin. Code § 5-91-200 - Information required by the administrator
All of the following information and criteria will be considered by the administrator in designating approval of compliance assurance agencies:
- Names of officers and location of offices.
- Specification and description of services proposed to be furnished under this chapter.
- Description of qualifications of personnel and their responsibilities, including an assurance that personnel involved in system analysis, design and plans review, and compliance assurance inspections and their supervisors comply with the requirements of the American Society for Testing and Material (ASTM) Standard Number E541-10 – Standard Specification for Agencies Engaged in System Analysis and Compliance Assurance for Manufactured Building or shall obtain ICC or DHCD certifications in the appropriate subject area within 18 months of employment and maintain such certifications in an active status.
- Summary of experience within the organization.
- General description of procedures and facilities to be used in proposed services, including evaluation of the model, factory follow-up, quality assurance, labeling of production buildings, and specific information to be furnished on or with labels.
- Procedures to deal with any defective buildings resulting from oversight.
- Acceptance of these services by independent accrediting organizations.
- Proof of independence and absence of conflict of interest.
13 Va. Admin. Code § 5-91-170 - [Effective 1/18/2024] Amendments to codes and standards
DOCUMENTS INCORPORATED BY REFERENCE (13VAC5-91)
International Code Council, 200 Massachusetts Avenue NW, Suite 250, Washington, DC 20001 (http://shop.iccsafe.org/codes.html):
ICC International Plumbing Code – 2018 Edition
ICC International Mechanical Code – 2018 Edition
ICC International Building Code – 2018 Edition
ICC International Residential Code – 2018 Edition
ICC International Fuel Gas Code – 2018 Edition
ICC International Energy Conservation Code – 2018 Edition
ICC International Plumbing Code – 2021 Edition
ICC International Mechanical Code – 2021 Edition
ICC International Building Code – 2021 Edition
ICC International Residential Code – 2021 Edition
ICC International Fuel Gas Code – 2021 Edition
ICC International Energy Conservation Code – 2021 Edition
ICC/MBI 1200-2021 Standard for Off-site Construction: Planning, Design, Fabrication and Assembly
ICC/MBI 1205-2021 Standard for Off-site construction: Inspection and Regulatory Compliance
National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471 (http://www.nfpa.org/)
NFPA 70, National Electrical Code – 2017 Edition,
NFPA 70, National Electrical Code – 2020 Edition
ASTM Standard Number E541-10 – Standard Specification for Agencies Engaged in System Analysis and Compliance Assurance for Manufactured Building, American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 (http://www.astm.org/)
Notes
Statutory Authority: § 36-73 of the Code of Virginia.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
Why Is ASTME541 So Important?
Why has HUD continued to reference ASTME541 for over 4 decades? I do not speak for them, but I feel like they are trying not to add to the costs of housing. If there are more costs that third parties must incur, that cost is passed down to the manufacturer and then to the consumer. I applaud Virginia for allowing options for third parties.
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