The Act, signed into law on Oct. 1, 2002, authorizes the National Institute of Standards and Technology (NIST) to establish teams to investigate building failures. These authorities are modeled after those of the National Transportation Safety Board (NTSB) for investigating transportation accidents.
As a nonregulatory agency of the U.S. Department of Commerce, NIST does not consider findings of fault, responsibility or negligence in its building failure investigations.
NIST has completed three investigations under the NCST Act. Previous NCST reports include the World Trade Center final reports published in 2005 (WTC 1 and 2) and 2008 (WTC 7); the 2003 Station nightclub fire final report published in 2005; and the 2011 Joplin tornado investigation report published in 2014. Investigations of Hurricane Maria and the Champlain Towers South collapse are ongoing.
The stated purpose of the Act is “to provide for the establishment of investigative teams to assess building performance and emergency response and evacuation procedures in the wake of any building failure that has resulted in substantial loss of life or that posed the potential for substantial loss of life.” Investigations are conducted under its authorities “to improve the safety and structural integrity of buildings in the United States.”
The NCST Act gives NIST responsibility to dispatch teams of experts, when appropriate and practical, within 48 hours after major building disasters.
The Act specifically states that at least one member of each team must be a NIST employee.
The Act gives the teams a clear mandate to:
The Act gives NIST and its teams comprehensive investigative authorities to:
The Act calls for NIST to brief the public regularly on the status of investigative proceedings and findings. NIST does this through public updates on its website, and through presentations at NCST Advisory Committee meetings, which are open to the public.
The Act authorizes NIST to take the following actions based on its investigation reports:
Under the law, the NIST Director, in consultation with the U.S. Fire Administration and other appropriate federal agencies, maintains a standing advisory committee of as many as 12 people to advise the Director on carrying out the Act, and to review procedures and reports issued. Members of the committee must be recognized for distinguished professional service, possess broad technical expertise and experience, and have a reputation for independence, objectivity and impartiality.
The panel is known as the National Construction Safety Team (NCST) Advisory Committee.
On Jan. 1 of each year, the Advisory Committee transmits to the Committee on Science, Space and Technology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report that includes:
No, the Act specifically states that NIST is not authorized to require the adoption of building codes, standards or practices. NIST is not a regulatory agency, so it does not determine which building and fire safety codes, standards and practices get adopted by state and local governments. However, NIST researchers are active participants in many standards developing and professional organizations. Thus, NIST research typically provides the technical basis for new and improved standards, codes and practices. NIST works with other organizations to ensure that “lessons learned” from investigations are put to use.