City Council has little say on building code rule changes in Weaver fire aftermath

City council met this week to once again discuss questions raised by the Winston Weaver Fertilizer Plant fire. The focus this time was on local building code, and how it could be changed to prevent similar accidents.

Officials explained that Weaver repeatedly passed code inspections in part because the facility was held to lower standards. It was built in 1939, when sprinkler systems weren't required, and there were no specific stipulations regarding hazardous materials.

By law, code inspectors couldn't hold Weaver to newer standards, and Deputy Fire Marshal Mike Morton said inspectors also couldn't check on one very critical component.

“A large amount of ammonium nitrate was not in the building. Instead, it was in the railcar out back. And our codes don't have any say on transportation vehicles," said Morton. "So we have no say whatsoever with what goes on in those vehicles, even if they're parked, even if they're positioned permanently.”

Morton did not explain what agency, if any, was tasked with inspecting materials in the railcars. 

Councilmembers were told that only the state building code council has the power to amend the current code, and Councilmember Jeff MacIntosh said he understood the change process could be contentious. 

“I think the battle that goes on largely is between the insurance industry which wants things as tight as possible and the manufacturers, industrial producers, real estate lobby that wants things as loose as possible," said MacIntosh. "So I think you have this constant tension, which creates very little change.”

Morton explained that the state building code council is made up of representatives from all of those industry groups.