Regulatory references: 28 CFR 36.601-36.608.
The Department's rule provides for review of model codes in recognition of the fact that many codes are based on, or incorporate, models or consensus standards developed by nationally recognized organizations. These organizations include, for example, the American National Standards Institute (ANSI), Building Officials and Code Administrators (BOCA) International, the Council of American Building Officials (CABO) and its Board for the Coordination of Model Codes (BCMC), Southern Building Code Congress International (SBCCI), and the International Conference of Building Officials (ICBO). The Department wishes to encourage the continued viability of the consensus and model code process consistent with the purposes of the ADA.
The model code review process will be informal. The Department will not necessarily hold a public hearing, but it has the discretion to do so and to ask for public comment. After the review, the Department may issue guidance as to whether and in what respects the model code is consistent with the ADA's requirements.
This guidance will not be binding on any entity or on the Department. It will assist in evaluations of individual State or local codes; and it may also serve as a basis for establishing priorities for consideration of individual codes.
Who can submit a model code for review? It must be submitted by an authorized representative of the private entity responsible for developing the code.
ILLUSTRATION: The ABC model code, which includes both scoping and technical provisions, is followed by 13 States. It contains its own unique scoping requirements, with technical provisions that were developed by XYZ, Inc., another private group. An authorized representative of ABC can submit the ABC code, including the XYZ technical provisions, for review, even if XYZ has not submitted its standard to the Department for review.