Current through Register Vol. 48, No. 3, March 22, 2024
(A) Modifications to building codes may be
submitted to the Council by local jurisdictions or professional associations.
Council may grant modifications on a local or statewide basis as provided
below.
(B) Local modifications.
(1) The Council shall review and may grant
local modifications to any of the building codes by the request of a local
jurisdiction, for application strictly within that jurisdiction, when it
determines that the changes are required to meet local needs due to physical or
climatological conditions. For the purpose of this section, the words
"Physical" and "Climatological" shall have only the meanings as defined in
these regulations.
(2) A request
for a local building code modification must be previously approved by the
governing body of the local jurisdiction making the request before it may be
considered by the Council.
(3)
Modifications granted to a local jurisdiction shall apply only to site
constructed buildings and structures. Buildings and structures approved and
constructed in compliance with the Modular Act shall not be affected by local
building codes modifications. All properly labeled modular buildings shall be
accepted by the local enforcement agency as being in full compliance with all
of its adopted building codes.
(4)
Proposed local modifications of building codes shall not take effect in any
local jurisdiction until after they have first been reviewed and approved by
the Council.
(5) Requests for local
modifications may be considered by Council or may be referred by Council to the
Study Committee for review and recommendation before action by the
Council.
(C) Statewide
modifications.
(1) The Council shall review
and may grant statewide modifications to any of the building codes by the
request of a local jurisdiction or a professional association, when it
determines that the section in question is either unusually restrictive or
impractical.
(2) For the purposes
of these regulations, a moratorium on enforcement of any section of any
building code ordered by the Council, shall be considered a statewide
modification.
(3) Requests for
statewide modifications proposed by a local jurisdiction or professional
association, must be referred to the Study Committee for review and
recommendation before action by the Council.
(4) All statewide modifications made to any
of the building codes for the building code cycle, must be approved by Council
prior to the established implementation date. All such modifications shall be
mandatory for all jurisdictions in the state and shall be in effect for as long
as the specific edition of the code is in effect.
(D) Requests for local and statewide
modifications will be considered when submitted:
(1) By an official representative of the
local jurisdiction proposing the modification: or,
(2) By an official representative of the
professional association proposing the modification.
(E) A request for a local or statewide
modification must include:
(1) A cover letter
from the local jurisdiction or professional association stating that the
individual is authorized to present the proposed amendment: and,
(2) Verification that the proposed amendment
has the support of at least a majority of the members of the board or council
governing the local jurisdiction or professional association proposing the
modification: and,
(3) A completed
Code Modification Form (provided by the Council): and,
(4) Sufficient test information, studies,
data or other documentation that would be necessary to fully explain and
justify the proposed amendment: and,
(5) A list of the persons with their titles
and affiliations, known at the time of submittal, who will provide testimony in
favor of the amendment.
(F) A request for a local modification must
include, in addition to subsection (E), (1) through (5), the physical or
climatological basis for the request and the reason that the suggested change
would correct the condition.
(G)
Each request for amendment must be submitted separately.
(H) A local jurisdiction or professional
association shall not propose a modification which will amend, suspend,
eliminate or supersede an existing statute, policy, rule or regulation of any
state or federal agency.
