2026-07-01 Comment response to the published Request for information

I want to address preemption in regards to the letter to ICC from DOE that was included in the press release which stated DOE is strictly opposed to building energy code requirements that impose bias based on fuel type and can operate as de facto efficiency standards subject to federal preemption under the Energy Policy and Conservation Act ( EPCA) as amended. DOE and the President of the United States needs to know that the International Code Council has a blatant disregard for federal preemption even though they do have a preemption policy. Currently,ICC is disregarding both motor vehicle and transportation preemption and HUD preemption in the development of ICC 1215 – Design, Construction, Inspection and Regulation of Small Residential Units and Tiny Houses for Permanent Occupancy. The standard is unenforceable and is an obstacle to both motor vehicle and transportation preemption as well as HUD preemption. For almost two years I have tried to get the ICC 1215 committee to recognize motor vehicle law. The duo nature of tiny houses on wheels must be recognized to create a legal dwelling to obtain a mortgage and to be accepted in jurisdictions. The path to compliance for tiny houses on wheels is to integrate the motor vehicle compliance path with requirements of a structure, so it meets both the requirements of the road, and for legal placement and for the structure to be recognized as real property. We also need to create provisions that allow tiny houses on wheels to be legally placed on leased land where the unit remains personal property. Uniting The Motor Vehicle Path With The Structure Path Is The Road To Legal Dwellings The ICC 1215 committee is blocking the very steps needed. Attached are 2 letters that ICC sent me, regarding motor vehicle and transportation preemption. They have posted their replies to me on the ICC website on the committee page, without my inquiries or supportive documents and have taken my words out of context. Also attached is a 27 email exchange from an ICCNTA employee and I urging the committee to avoid federal domains such as FMVSS, HUD, and to avoid motor vehicle classification. What was revealed in the 27 email exchange is that the modular industry has been using a 'ghost trailer' to deliver modular homes never in the NHTSA/DOT system, without VIN numbers and certification labels. HUD Preemption Issue ICC has 2 more preemption inquiries they are suppose to address from me, one on motor vehicle law, and one on HUD preemption. ICCNTA is a IPIA DAPIA third party agency that ICC owns and their employees are suggesting the use of select HUD code provisions in the standard which makes no sense because it is a federal preemptive code that preempts building codes. HUD does not allow this. Reform In The ANSI Essential Requirements I reached out to ANSI and this is what I was told. ANSI does not have a formal position statement on preemption. The underlying expectation of all American National Standards (ANS) related work is that it is consistent with U.S. law. ANSI’s role in standards development is limited to procedural compliance issues as defined in the ANSI Essential Requirements. Appeals are similarly limited by the ANSI Essential Requirements and the standards developer’s ANSI-accredited procedures. And of course, use of ANS is voluntary. There is a provision in the ANSI Essential Requirements that provides for the ANSI Board of Standards Review (BSR) to decide not to approve a standard as an ANS if there is sufficient evidence that demonstrates that a proposed or approved ANS is contrary to the public interest, contains unfair provisions or is unsuitable for national use. Any such concerns should be raised during the standards development process, if it is ongoing. Sincerely, Anne Standard Development must be reformed to address preemption. ICC Board Continues To Disregard Motor Vehicle Preemption https://www.tinyhouseallianceusa.org/icc-board-continues-to-disregard-motor-vehicle-preemption/ ICC 1215 Disregards HUD Preemption https://www.tinyhouseallianceusa.org/icc-1215-disregards-hud-preemption/ The Overreach Of ICCNTA In ICC1215 https://www.tinyhouseallianceusa.org/the-overreach-of-iccnta-in-icc1215/ ICC 1215 Promotes ‘Independent Carrier System’ Ghost Trailer https://www.tinyhouseallianceusa.org/icc-1215-promotes-independent-carrier-system-ghost-trailer/ ICC 1215 Conflicts With HUD And Motor Vehicle Preemption https://www.tinyhouseallianceusa.org/icc-1215-conflicts-with-hud-and-motor-vehicle-preemption/ ICC 1215 Hides Legal Path For Tiny Houses On Wheels https://www.tinyhouseallianceusa.org/icc-1215-hides-legal-path-for-tiny-houses-on-wheels/ ICC 1215: Chassis Silence or Regulatory Coverup? https://www.tinyhouseallianceusa.org/icc-1215-chassis-silence-or-regulatory-coverup/ Janet Thome Tiny House Alliance USA