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Section 36.607 addresses the effect of certification. First,
certification will only be effective concerning those features or
elements that are both (1) covered by the certified code and (2)
addressed by the regulations against which they are being certified. For
example, if children's facilities are not addressed by the Department's
standards, and the building in question is a private elementary school,
certification will not be effective for those features of the building
to be used by children. And if the Department's regulations addressed
equipment but the local code did not, a building's equipment would not
be covered by the certification.
In addition, certification will be effective only for the particular
edition of the code that is certified. Amendments will not automatically
be considered certified, and a submitting official will need to reapply
for certification of the changed or additional provisions.
Certification will not be effective in those situations where a
State or local building code official allows a facility to be
constructed or altered in a manner that does not follow the technical or
scoping provisions of the certified code. Thus, if an official either
waives an accessible element or feature or allows a change that does not
provide equivalent facilitation, the fact that the Department has
certified the code itself will not stand as evidence that the facility
has been constructed or altered in accordance with the minimum
accessibility requirements of the ADA. The Department's certification of
a code is effective only with respect to the standards in the code; it
is not to be interpreted to apply to a State or local government's
application of the code.
(Just notes)
