40 U.S.C. § 3312 — Compliance with nationally recognized

Page 135 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3312 (5) on completion of the building, shall evaluate the building to determine the extent of failure to comply with the specifications re- ferred to in clause (1); and (6) shall ensure that any contract entered into for the building shall contain provisions permitting a reduction of rent during any pe- riod when the building is not in compliance with the specifications. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1164; Pub. L. 110–140, title III, § 323(d), Dec. 19, 2007, 121 Stat. 1591; Pub. L. 111–350, § 5(l)(18), Jan. 4, 2011, 124 Stat. 3852.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3310 ............ 40:618. Pub. L. 86–249, § 20, as added Pub. L. 100–678, § 5, Nov. 17, 1988, 102 Stat. 4050. Editorial Notes AMENDMENTS 2011—Par. (2). Pub. L. 111–350 substituted ‘‘sections 3105, 3301, and 3303 to 3305 of title 41’’ for ‘‘section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253)’’. 2007—Pars. (3) to (6). Pub. L. 110–140 added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respec- tively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 3311. State administration of criminal and health and safety laws When the Administrator of General Services considers it desirable, the Administrator may assign to a State or a territory or possession of the United States any part of the authority of the Federal Government to administer criminal laws and health and safety laws with respect to land or an interest in land under the control of the Administrator and located in the State, ter- ritory, or possession. Assignment of authority under this section may be accomplished by fil- ing with the chief executive officer of the State, territory, or possession a notice of assignment to take effect on acceptance, or in another man- ner as may be prescribed by the laws of the State, territory, or possession in which the land or interest is located. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1164.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3311 ............ 40:617. Pub. L. 86–249, § 19, as added Pub. L. 100–678, § 5, Nov. 17, 1988, 102 Stat. 4050. The words ‘‘Notwithstanding any other provision of law’’ and ‘‘commonwealth’’ are omitted as unnecessary. § 3312. Compliance with nationally recognized codes (a) APPLICATION.— (1) IN GENERAL.—This section applies to any project for construction or alteration of a building for which amounts are first appro- priated for a fiscal year beginning after Sep- tember 30, 1989. (2) NATIONAL SECURITY WAIVER.—This section does not apply to a building for which the Ad- ministrator of General Services or the head of the federal agency authorized to construct or alter the building decides that the application of this section to the building would adversely affect national security. A decision under this subsection is not subject to administrative or judicial review. (b) BUILDING CODES.—Each building con- structed or altered by the General Services Ad- ministration or any other federal agency shall be constructed or altered, to the maximum ex- tent feasible as determined by the Adminis- trator or the head of the federal agency, in com- pliance with one of the nationally recognized model building codes and with other applicable nationally recognized codes, including electrical codes, fire and life safety codes, and plumbing codes, as the Administrator decides is appro- priate. In carrying out this subsection, the Ad- ministrator or the head of the federal agency shall use the latest edition of the nationally rec- ognized codes. (c) ZONING LAWS.—Each building constructed or altered by the Administration or any other federal agency shall be constructed or altered only after consideration of all requirements (ex- cept procedural requirements) of the following laws of a State or a political subdivision of a State, which would apply to the building if it were not a building constructed or altered by a federal agency: (1) Zoning laws. (2) Laws relating to landscaping, open space, minimum distance of a building from the prop- erty line, maximum height of a building, his- toric preservation, esthetic qualities of a building, and other similar laws. (d) COOPERATION WITH STATE AND LOCAL OFFI- CIALS.— (1) STATE AND LOCAL GOVERNMENT CONSULTA- TION, REVIEW, AND INSPECTIONS.—To meet the requirements of subsections (b) and (c), the Administrator or the head of the federal agen- cy authorized to construct or alter the build- ing— (A) in preparing plans for the building, shall consult with appropriate officials of the State or political subdivision of a State, or both, in which the building will be lo- cated; (B) on request shall submit the plans in a timely manner to the officials for review by the officials for a reasonable period of time not exceeding 30 days; and (C) shall permit inspection by the officials during construction or alteration of the building, in accordance with the customary schedule of inspections for construction or alteration of buildings in the locality, if the officials provide to the Administrator or the head of the federal agency— (i) a copy of the schedule before con- struction of the building is begun; and Page 136 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3312 (ii) reasonable notice of their intention to conduct any inspection before con- ducting the inspection. (2) LIMITATION ON RESPONSIBILITIES.—This section does not impose an obligation on any State or political subdivision to take any ac- tion under paragraph (1). (e) STATE AND LOCAL GOVERNMENT REC- OMMENDATIONS.—Appropriate officials of a State or political subdivision of a State may make recommendations to the Administrator or the head of the federal agency authorized to con- struct or alter a building concerning measures necessary to meet the requirements of sub- sections (b) and (c). The officials also may make recommendations to the Administrator or the head of the federal agency concerning measures which should be taken in the construction or al- teration of the building to take into account local conditions. The Administrator or the head of the agency shall give due consideration to the recommendations. (f) EFFECT OF NONCOMPLIANCE.—An action may not be brought against the Federal Government and a fine or penalty may not be imposed against the Government for failure to meet the requirements of subsection (b), (c), or (d) or for failure to carry out any recommendation under subsection (e). (g) LIMITATION ON LIABILITY.—The Government and its contractors shall not be required to pay any amount for any action a State or a political subdivision of a State takes to carry out this section, including reviewing plans, carrying out on-site inspections, issuing building permits, and making recommendations. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1165.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3312(a)(1) .... 40:619(g). Pub. L. 86–249, § 21, as added Pub. L. 100–678, § 6(a), Nov. 17, 1988, 102 Stat. 4051. 3312(a)(2) .... 40:619(h). 3312(b) ........ 40:619(a). 3312(c) ........ 40:619(b). 3312(d) ........ 40:619(c). 3312(e) ........ 40:619(d). 3312(f) ........ 40:619(e). 3312(g) ........ 40:619(f). Executive Documents EX. ORD. NO. 13728. WILDLAND-URBAN INTERFACE FEDERAL RISK MITIGATION Ex. Ord. No. 13728, May 18, 2016, 81 F.R. 32223, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and to improve the Nation’s resilience to wildfire, I hereby direct the following: SECTION 1. Policy. It is the policy of the United States to strengthen the security and resilience of the Nation against the impacts of wildfire. The annual estimates on structure loss due to wildfire have increased dra- matically over the past six decades as a result of multi- year drought conditions in combination with accumu- lated fuel loads, growing populations residing in the wildland-urban interface, and associated increases in the exposure of built environments. As such, we must continue to ensure our Nation is resilient to wildfire in order to promote public safety, economic strength, and national security. The Federal Government must continue to take proactive steps to enhance the resilience of buildings that are owned by the Federal Government and are lo- cated on Federal land. Each executive department and agency (agency) responsible for implementing this order shall seek to enhance the resilience of its build- ings when making investment decisions to ensure con- tinued performance of essential functions and to reduce risks to its buildings’ occupants in the event of a wild- fire. SEC. 2. Codes and Concurrent Requirements. (a) Com- mencing within 90 days of the completion of the imple- menting guidelines as described in section 3(b)(i) of this order, each agency shall ensure that every new Federal building above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk for which the agency has not com- pleted design is in compliance with the 2015 edition of the International Wildland-Urban Interface Code (IWUIC) promulgated by the International Code Coun- cil (ICC), or an equivalent code, consistent with the provisions of and to the extent required by 40 U.S.C. 3312. When the ICC releases a new version of the IWUIC, a determination shall be made whether the new version is a nationally recognized code for the purposes of 40 U.S.C. 3312(b), as expeditiously as practicable, but not later than 2 years after the release of the new version. If a determination is made that a new version is a na- tionally recognized code, agencies shall ensure that any Federal building covered by this section for which the agency has not completed design is in compliance with that new version, or an equivalent code, con- sistent with the provisions of and to the extent re- quired by 40 U.S.C. 3312. (b) Commencing within 90 days of the completion of the implementing guidelines as described in section 3(b)(i) of this order, each agency responsible for the al- teration of an existing Federal building above 5,000 gross square feet on Federal land within the wildland- urban interface at moderate or greater wildfire risk for which the agency has not completed design shall ensure that the alteration is effectuated in compliance with the IWUIC, or an equivalent code, consistent with the provisions of and to the extent required by 40 U.S.C. 3312. When the ICC releases a new version of the IWUIC, a determination shall be made whether the new version is a nationally recognized code for the purposes of 40 U.S.C. 3312(b), as expeditiously as practicable, but not later than 2 years after the release of the new version. If a determination is made that a new version is a na- tionally recognized code, agencies shall ensure that any Federal building covered by this section for which the agency has not completed design is in compliance with that new version, or an equivalent code, con- sistent with the provisions of and to the extent re- quired by 40 U.S.C. 3312. (c) Each agency that owns an existing Federal build- ing above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk is strongly encouraged to ensure that such existing buildings are in compliance with the IWUIC, or an equivalent code. (d) The heads of agencies whose activities are covered by sections 2(a) and 2(b) of this order shall complete a wildfire risk assessment of their existing Federal build- ings above 5,000 gross square feet within the wildland- urban interface and are strongly encouraged to con- sider creating and maintaining a defensible space in compliance with the IWUIC, or an equivalent code, for each of those buildings they determine to be at highest risk. (e) Each agency that leases space in a building to be constructed for the predominant use of an agency above 5,000 rentable square feet in the wildland-urban interface in an area of greater than moderate wildfire risk is strongly encouraged to ensure that the building is designed and constructed in accord with the IWUIC, or an equivalent code. (f) Each agency assisting in the financing, through Federal grants or loans, or guaranteeing the financing, Page 137 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3313 through loan or mortgage insurance premiums, of a newly constructed building or of an alteration of an ex- isting building above 5,000 gross square feet within the wildland-urban interface at moderate or greater wild- fire risk shall consider updating its procedures for pro- viding the assistance to be consistent with sections 2(a) and 2(b) of this order, to ensure appropriate consider- ation of wildfire-resistant design and construction. (g) To the extent permitted by law, the heads of all agencies may: (i) require higher performance levels than exist in the codes described in section 2(a) of this order; (ii) apply the requirements within section 2(a) of this order to new buildings less than 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk; and (iii) apply the requirements within section 2(b) of this order to existing buildings less than 5,000 gross square feet on Federal land within the wildland-urban inter- face at moderate or greater wildfire risk. (h) When calculating whether a building is at mod- erate or greater wildfire risk, agencies should act in ac- cordance with the methods described in the 2015 edition of the IWUIC, or any subsequent version that is deter- mined to be a nationally recognized code for the pur- poses of 40 U.S.C. 3312(b), or an equivalent code, or in accordance with an equivalent method. (i) Each building constructed or altered in accordance with section 2(a) or (b) of this order shall comply with the IWUIC, or an equivalent code, only to the max- imum extent feasible as determined by the head of an agency. SEC. 3. Agency Responsibilities. (a) The heads of all agencies that own Federal buildings above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk shall de- termine the appropriate process within their respective agencies to ensure compliance with this order. (b) The Mitigation Framework Leadership Group (MitFLG) shall: (i) create implementing guidelines to advise and as- sist agency compliance with the code requirements within 240 days of the date of this order; (ii) provide assistance to the agencies in interpreting the implementing guidelines. (c) When determining whether buildings are located within the wildland-urban interface, agencies shall use the U.S. Department of Agriculture Forest Service’s, ‘‘The 2010 Wildland-Urban Interface of the Conterminous United States,’’ or an equivalent tool. The Secretary of Agriculture shall provide assistance to the agencies in determining whether buildings are located within the wildland-urban interface. (d) The heads of agencies whose activities are covered by sections 2(a) and 2(b) of this order shall submit a re- port once every 2 years to the Chair of the MitFLG on their progress in implementing the order, commencing 2 years from the date of this order. SEC. 4. Definition. As used in this order, ‘‘building’’ means a constructed asset that is enclosed with walls and a roof that provides space for agencies to perform activities or store materials as well as provides spaces for people to live or work. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law, including the National Historic Preser- vation Act of 1966, and subject to the availability of ap- propriations. (c) This order applies only to buildings within the United States and its territories and possessions. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 3313. Procurement of life-cycle cost effective and energy efficient lighting systems (a) DEFINITIONS.—In this section: (1) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of General Services. (2) LIGHTING SYSTEM.—The term ‘‘lighting system’’ means the elements required to main- tain a desired light level, including lamps, light fixtures, fixture distribution, sensors and control technologies, interior design elements, and daylighting sources. (b) PROCUREMENT.— (1) IN GENERAL.—To the maximum extent practicable, the Administrator shall— (A) procure the most life-cycle cost effec- tive and energy efficient lighting systems; and (B) ensure that procurements after the date of enactment of the BRIGHT Act of lighting systems or the individual compo- nents of lighting systems maximize life- cycle cost effectiveness and energy effi- ciency. (2) USE.—Each public building constructed, altered, acquired, or leased by the Adminis- trator shall be equipped, to the maximum ex- tent practicable as determined by the Admin- istrator, with the most life-cycle cost effective and energy efficient lighting systems for each application. (c) MAINTENANCE OF PUBLIC BUILDINGS.—Each individual component of a lighting system, in- cluding a lamp or fixture, that is replaced by the Administrator in the normal course of mainte- nance of public buildings shall be replaced, to the maximum extent practicable, with the most life-cycle cost effective and energy efficient lighting system possible for the application. (d) CONSIDERATIONS.— (1) CONTRACTING OPTIONS.—In carrying out this section, the Administrator shall consider appropriate contracting options for the pro- curement of the most life-cycle cost effective and energy efficient lighting systems. (2) PROCUREMENT AND USE.—In making a de- termination under this section concerning the practicability of procuring and installing the most life-cycle cost effective and energy effi- cient lighting system, the Administrator shall consider— (A) the compatibility of the lighting sys- tem with existing equipment, including con- sideration of a cost effective retrofit; (B) whether procurement and use of the lighting system could result in interference with productivity; (C) the aesthetics relating to the use of the lighting system; and (D) such other factors as the Adminis- trator determines to be appropriate. (e) LIFE-CYCLE COST EFFECTIVE.—The Admin- istrator shall use the procedures and methods established under section 544(a) of the National Energy Conservation Policy Act (42 U.S.C. 8254(a)) in determining whether a lighting sys- tem is life-cycle cost effective. (f) ENERGY STAR.—A lighting system shall be treated as being energy efficient for purposes of this section if—