BUILDING REGULATION AND TERRORISM RISK

TERRORISM RISK FOR REGULATORS 
Following the attack of September 11, 2001 
the definition of building hazards in the 
United States has changed to include 
intentional attack. Protection of civilian 
population from acts of terrorism has 
become a major national priority. 
Though historically focused on fire safety, the building regulatory system does address 
natural disaster mitigation (floods, earthquakes, windstorms, snow storms), some man-
made risks (e.g., HAZMAT storage), and specific societal goals (energy conservation, 
accessibility). The regulation of all these areas is supported by well-established and 
accepted reference standards, regulations, inspection and assessment techniques, plan 
review methods, and quality control. 
Regulation of Terrorism Risk 
For a similar regulation of building-related terrorism 
risks, it will have to be shown that the development and 
implementation of such tools will be cost-effective. Some 
jurisdictions require rigorous cost/benefit analyses to 
support regulatory change. These determinations will 
require an understanding by the regulatory authorities of 
the potential occurrences and damages related to 
terrorism risk. 
Balancing Stakeholder Interests 
The codes and standards development process, involves 
thorough review and balloting by all interested 
stakeholder groups. This consensus process provides for 
the balance of diverse commercial and social priorities. It 
has the advantage that once a regulation or standard is 
promulgated it is likely to be widely accepted and used. It 
is thus an effective change lever. However, the consensus 
process is time consuming. 
Implications for Building Regulation Enforcement 
Zoning and planning regulation define land use, building 
density, transportation systems, and utility systems. They 
are usually adopted by local governments, but state 
planners may provide guidance. For existing vulnerable 
properties, these regulations can address specific access-
control measures. This will require a prioritization of 
hazards and buildings. For future developments, these 
regulations can, at the extreme, result in commercial 
development resembling military installations. How 
should such a decision be made when zoning and 
planning at the local level is the most political of the 
building regulatory processes? 
Property maintenance codes govern the use and maintenance of existing buildings. 
Housing codes and fire codes are two examples. They are developed by model code 
and consensus standards organizations and adopted as regulations by local gov-
ernment agencies. These can be effective at addressing all building vulnerabilities. 
They will require extensive inspections, and enforcement will be burdensome unless 
targeted to highly prioritized vulnerabilities, and accompanied by financial incen-
tives. 
Building rehabilitation codes address health, safety, and welfare in existing buildings 
that are undergoing voluntary improvements. These are a relatively new development. 
They have been enacted by some state or local government agencies. These can be 
effective at addressing vulnerabilities in existing buildings in which rehabilitation 
investments are otherwise being made. They should be carefully calibrated, since 
these codes all have the objective of "encouraging the reuse of existing buildings" 
rather than risk reduction. 
Construction codes (building, mechanical, plumbing, electrical) address health, 
safety, and welfare in new buildings. They are developed by model code organizations 
(ICC, NFPA) and adopted as regulations by state or local government agencies. Rarely 
does the federal government regulate construction requirements. Two recent 
examples of federal regulation are the Americans with Disabilities Act (ADA) 
enforced by the Dept. of Justice and the Fair Housing Act enforced by the Dept. of 
Housing and Urban Development. Construction codes can be effective at addressing 
the problem of vulnerability at its margin, that is, new buildings 
BUILDING REGULATION AND TERRORISM RISK

to be built. Unlike the preceding three categories of regulation, these may be the 
easiest to accomplish ("words on paper are cheap compared to bricks and mortar in 
place"). However, many jurisdictions may require cost/benefit analysis to justify even 
these regulations.


CURRENT BUILDING REGULATION SITUATION 
Current codes are effective at mitigating the effects of fire and, as discussed above, 
natural disasters. They also regulate aspects of indoor air quality and the installation of 
mechanical, plumbing, electrical, and communication systems. 
Code Relation to Terrorist Threats 
Bomb blast is not addressed in the codes, but some of the earthquake and windstorm 
provisions in the building codes may have a beneficial effect on mitigation of this 
hazard. Code-regulated earthquake design requires the building's structural system to 
have toughness, ductility, and redundancy, all of which may also contribute to the 
mitigation of blast effects. Code-regulated hurricane design requires the fenestration 
to resist the effects of impact of windborne debris, which may also mitigate the 
hazards of glass in explosions. 
Progressive collapse, which is one of the effects of blast (but not the only one), is 
discussed in The American Society of Civil Engineers standard, ASCE 7 (the structural 
loads standard referenced in building codes). Some qualitative guidance is provided, 
but no design criteria are specified. ASCE 7 and the American Concrete Institute 
standard, ACI 318 (the reinforced concrete design standard reference in building 
codes) have references to structural integrity but not as a set of criteria for resisting 
progressive collapse. 
Chemical, biological, and radiological agents are not addressed in the codes, but 
certain details of the design of building heating, ventillating, and air conditioning 
(HVAC) systems, as regulated by mechanical codes, may mitigate the effects of these 
agents. 
Armed attack may be addressed to a limited extent insofar as the codes regulate the 
design and construction of correctional facilities, but the phenomena of incarceration 
and of terrorist attack are quite different in many respects. 
Regulatory Activities Related to Terrorism Risk 
The Federal Emergency Management Agency (FEMA) has published The World Trade 
Center Building Performance Study "to examine the damage caused by these events, 
collect dataÉ and identify studies that should be performed." 
The New York City Department of Buildings, soon after the WTC attack, initiated an 
effort to analyze the code as it relates to terrorist threat. In February 2003, the task 
force issued a report of findings and 21 specific recommendations for code, code 
administration, and code enforcement changes. 
The American National Standards Institute (ANSI) established a Homeland Security 
Standards Panel (HSSP) in February 2003, in response to The National Strategy for 
Homeland Security. The proposed mission of the HSSP is to catalog, promote, 
accelerate and coordinate the timely development of consensus standards within the 
national and international voluntary standards system intended to meet identified 
Homeland Security needs, and communicate the existence of such standards 
appropriately to governmental units and the private sector. 
The National Fire Protection Association (NFPA), a standards organization active in 
the field of fire safety, established a committee on Premises Security before 9/11. It 
plans to produce two standards by 2005: NFPA 730, Guide to Premises Security; and NFPA 
731, Security System Installation Standard. 
The American Society for Testing and Materials (ASTM), a standards organization 
active in the field of materials, specifications, and test methods, many of which are 
referenced in building codes, is considering the creation of a Homeland Security 
Committee, or Subcommittee. 
BUILDING REGULATION AND TERRORISM RISK

The American Society of Heating, Refrigerating and Air-condi-tioning Engineers 
(ASHRAE), a standards organization active in the field of mechanical systems and 
indoor air quality in buildings, may initiate activities addressing chemical and 
biological agents in buildings. 
The American Society of Mechanical Engineers (ASME), a standards organization 
active in the field of boilers & pressure vessels, elevators, and other building 
equipment, has developed a program of seminars for engineers entitled "Strategic 
Responses to Terrorism," which cover a range of topics including biological and 
chemical terrorist attacks. 
The National Institute of Standards and Technology (NIST) is conducting an extensive 
review and analysis of the WTC collapse. It is anticipated that it will lead to code 
changes related to structural safety and fire safety in high-rise buildings. 
The General Services Administration (GSA) published PBS-PQ100.1, Facilities Standards 
for the Public Buildings Service, June 14,1996. Chapter 8, Security Design, contains 
building design criteria for blast resistance, progressive collapse, and chemical, 
biological and radiological attack. These criteria cover the design and construction of 
all GSA buildings, and will be applied to all government-leased buildings as well. 
The Department of Defense (DoD), has a similar standard to GSA's entitled Unified 
Facilities Criteria, DoD Minimum Antiterrorism Standards for Buildings, UFC 4-010-01, 31 
July, 2002.


BUILDING REGULATION MANAGEMENT MODELS 
The four categories of building regulations, zoning, property maintenance, building 
rehabilitation, and building construction, have the potential, between them, to 
address all the physical aspects of terrorism risk, including common terrorist tactics 
and delivery systems as well as terrorist attack devices. Development of a specific 
typology that allocates specific risks to the specific regulation requires additional 
analysis. Table 4-1 is a matrix that can be used to begin this analysis. 
In order to implement changes in the building regulatory system to address terrorism 
risk, it is important to recognize that there are four ways that regulatory change can 
take place: 
. _ Federal preemption 
. _ State mandate or preemption 
. _ Local prerogative 
. _ Model code and voluntary standards 

Initiation of changes in each of the four categories of building regulations must be 
carefully analyzed for political acceptability and the availability of resources.


FUTURE DEVELOPMENTS 
Development of codes and standards to deal with terrorism risk in both new and 
existing buildings will require broad acceptance of the character of the risk and the 
effectiveness of the mitigation measures as well as some form of societal cost/benefit 
assessment. 
BUILDING REGULATION AND TERRORISM RISK

Table 4-1: Building 
Regulation 
Applicability to 
Terrorist Tactics and 
Threats/Hazards
s c it caT nommoC 
gninoZ 
y t 
reporP 
ecnane 
tni aM 
baheR 
no it 
cur t 
snoC 
YREVILED KCATTA 




snopae w c it s i ll aB 




y r tne t rev oC 
 
 
 
 
l i aM 


 
 
e l c ihev gni voM 
 



snopaew f f o -dnatS 
 

 
 
e lc ihev yrano i tatS 
 
 
 
 
se il ppuS 

 
 
 
SCINAHCEM 
KCATTA 




enrobr iA 

 
 
 
s t ce f f e t salB 

 
 
 
enr obre taW 

 
 
 
SDRAZAH/STAERH
T 




kcat ta demrA 

_ 
 
 
yrai dnecni /no s rA 

 
 
 
tnega l ac i g o l o iB 

 
 
 
tnega l a c imehC 

 
 
 
bmob l ano i tnevn oC 
 
 
 
 
ms iror re t -rebyC 


_ 
_ 
esae l er TAMZ AH 
_ 
 
 
 
ec i ved rae lcuN 



_ 
tnega l ac i g o l o 
idaR 

_ 
_ 
_ 
ecnal li evruS 




y r tne dez irohtuan U 





LEGEND:  = Applicability to designated type of regulation. _ = Possible applicability.