Safe Building Code Incentive Act of 2009

Safe Building Code Incentive Act of 2009 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under the Act, if at the time of a declaration of a major disaster the affected state has in effect and is actively enforcing an approved state building code.

Requires a state, to be eligible for the increased federal share, to submit its state building code to the President for approval.

Directs the President to approve a state building code submitted upon determining that it: (1) is consistent with the most recent version of a nationally recognized model building code; (2) has been adopted by the state within six years of the most recent version of the nationally recognized code; and (3) uses the nationally recognized code as a minimum standard.

Requires the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to set appropriate standards for the periodic update, resubmittal, and approval of state building codes, consistent with similar mitigation planning requirements under the Stafford Act.

Authorizes the use by states and local governments of technical and financial assistance to implement predisaster hazard mitigation measures to establish and operate a building department and carry out enforcement activities to implement an approved state building code.

Directs the President, in determining whether to provide technical and financial assistance to a state or local government, to take into account the extent to which that government is carrying out activities to implement an approved state building code.