June 30, 2021
Surfside Building Collapse: The Role of the National
Construction Safety Team Act and the National Institute of
Standards and Technology
Following the September 11, 2001 (9/11) terrorist attacks,
organizations, and appropriate federal, state, and local
there was a recognition among policymakers that no federal
officials. Under the act, NSCT teams are to:
agency had principal responsibility for investigating
establish the likely technical cause or causes of
building failures. To address this gap, Congress enacted the
building failures;
National Construction Safety Team (NCST) Act (P.L. 107-
231) in October 2002 authorizing the National Institute of
evaluate the technical aspects of evacuation and
Standards and Technology (NIST), a non-regulatory agency
emergency response procedures;
of the Department of Commerce, to establish teams to
investigate building failures. NCST Act authorities are
recommend, as necessary, specific improvements to
similar to those of the National Transportation Safety Board
building standards, codes, and practices;
(NTSB), the federal agency that investigates transportation
recommend any research and other appropriate
accidents.
actions needed to improve the structural safety of
buildings, and to improve evacuation and emergency
At about 1:15 a.m. EDT, on June 24, 2021, part of a 12-
response procedures; and
story residential building collapsed in Surfside, FL, killing
at least 12 people and leaving 149 unaccounted for as of the
within 90 days of completing an investigation, issue
date of this In Focus.
a public report of findings and recommendations.
NIST has deployed a team of six, including the team leader,
The NCST Act authorizes NIST and its investigative teams
to collect first-hand information about the event. The
to access the site of a building disaster; subpoena evidence;
immediate objectives for this team are to ensure that critical
access key pieces of evidence, such as records and
evidence that may be useful for a technical investigation is
documents; and move and preserve evidence. Under the act,
preserved and to gather relevant data to determine the
NIST may not interfere with active search, rescue, or
appropriate next steps. Based on the findings of this team,
recovery operations at the failure site. In addition, NIST
the NIST Director may order the establishment of a full
investigative authorities are secondary to any criminal or
NCST Act technical investigation.
terrorist investigation.
This In Focus describes NIST’s authorities under the
NIST does not consider findings of fault, responsibility, or
NCST; the process for deciding to conduct an NSCT
negligence. No part of any report resulting from an NCST
investigation; examples of past NIST construction and in-
investigation may be admitted as evidence or used in any
service failure investigations; and NIST’s role in the
suit or action for damages arising out of any matter
development of building codes, standards, and practices.
mentioned in such report.
NIST Authorities Under the NCST
Under the act, NIST is to brief the public regularly on the
status of investigative proceedings and findings.
The NCST seeks “to improve the safety and structural
integrity of buildings in the United States” by providing
The act also authorizes the Director of NIST to establish a
“for the establishment of investigative teams to assess
standing National Construction Safety Team Advisory
building performance and emergency response and
Committee of up to 10 persons with broad technical
evacuation procedures in the wake of any building failure
expertise and experience to provide advice. Each year, the
that has resulted in substantial loss of life or that posed the
advisory committee is to transmit a report to Congress that
potential for substantial loss of life.”
includes an evaluation of NCST Act activities,
recommendations to improve the operation and
The NCST Act authorizes NIST to dispatch teams of
effectiveness of investigation teams, and an assessment of
experts, where appropriate and practical, within 48 hours
the implementation of team and advisory committee
after major building disasters. Each team must have at least
recommendations.
one NIST employee. Teams may include private sector and
university experts, representatives of professional
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Surfside Building Collapse: The Role of the National Construction Safety Team Act and the National Institute of Standards
and Technology
Decision to Conduct an NCST
confer any authority on NIST to require the adoption of
Investigation
building codes, standards, or practices.
According to NIST, before deciding whether to conduct a
NIST does support the development of building codes and
full NSTC technical investigation, NIST sends experts to
standards in a variety of ways, however. For example, NIST
the site of the building failure to collect initial information
scientists and engineers conduct research that supports the
about the event. The NIST Director may order a full NCST
development of codes and standards, including measures of
Act technical investigation after ensuring that the event is
building resilience and structural robustness related to
within the jurisdiction of the National Construction Safety
disasters, such as hurricanes, earthquakes, tornadoes, and
Team Act, and that the building material and construction
blast and impact events; hazard characterization and
type exist broadly in a region or across the country.
structural design; materials research; understanding fire
Previous NSTC Act investigations have taken two years or
behavior and structural response to fire; and construction
more to complete.
and in-service failures.
NIST NCST Investigations
In particular, the NIST Engineering Laboratory’s Materials
NIST has completed three NCST Act investigations:
and Structural Systems Division develops and promotes the
use of science-based tools—including measurements, data,
World Trade Center (WTC) collapses (final report on
models, protocols, and reference standards—to improve the
the collapse of the Twin Towers issued in 2005, final
global competitiveness of U.S. industry through innovations
report on collapse of WTC 7 building issued in 2008);
in building materials and construction technology, and to
Station Nightclub Fire in West Warwick, RI (final
improve the safety, security, and sustainability of the
report issued in 2005);
nation’s buildings and physical infrastructure.
Joplin, MO, Tornado in May 2011, the single deadliest
The laboratory’s work aims to address a gap between basic
and costliest tornado in U.S. history (final report issued
research and building codes, standards, and practices
in 2014).
through measurement science research to:
NIST is currently conducting an NCST Act investigation of
predict structural performance up to failure under
the effects of Hurricane Maria on Puerto Rico in September
extreme loading conditions;
2017. NIST issued a progress report in January 2021.
assess and evaluate in-situ structural capacity using
NIST Investigations Prior to the NCST
novel, smart sensing metrology, and the ability of
existing structures to withstand extreme loads;
Prior to enactment of the NCST Act, NIST conducted a
number of investigations of construction and in-service
design new buildings and retrofit existing buildings
failures. These include Skyline Plaza Apartment Building
using cost-effective, performance-based methods; and
Collapse, Virginia, 1973; Willow Island Cooling Tower
derive lessons learned from disasters and failures
Failure, West Virginia, 1978; Harbour Cay Condominium
involving structures.
Collapse, Florida, 1981; Hyatt Regency Hotel Walkway
Collapse, Missouri, 1981; Riley Road Interchange Ramp
The insights gained from this research are intended to
Failure, Indiana, 1982; Sunshine Skyway Bridge
contribute to the scientific and technical bases for the
Construction, Florida, 1984; and L’Ambiance Plaza
development and improvement of standards and building
Building Collapse, Connecticut, 1987.
codes. NIST says it works actively with other organizations
to ensure that lessons learned from investigations are put to
In 1985, Congress provided specific authority to NIST to
use in this way.
investigate structural failures in P.L. 99-73. As codified at
Relevant Statutes
15 U.S.C. §281a, the law provides that NIST, “on its own
initiative but only after consultation with local authorities,
15 U.S.C. §§7301 et seq.—National Construction Safety
may initiate and conduct investigations to determine the
Teams
causes of structural failures in structures which are used or
15 U.S.C. §281a—Structural failures
occupied by the general public. No part of any report
resulting from such investigation, or from an investigation
Other Resources
under the NCST Act, shall be admitted as evidence or used
in any suit or action for damages arising out of any matter
NIST Building Codes and Standards
mentioned in such report.”
NIST Construction and In-Service Failure
NIST and Building Codes, Standards, and NIST Materials and Structural Systems Division
Practices
NIST National Fire Research Laboratory
NIST is not a regulatory agency; it does not determine
NCST Advisory Committee
which building and fire safety codes, standards, and
practices get adopted by state and local governments. In
John F. Sargent Jr., Specialist in Science and Technology
particular, the NCST Act specifically states that it does not
Policy
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Surfside Building Collapse: The Role of the National Construction Safety Team Act and the National Institute of Standards
and Technology
IF11867
Disclaimer
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