28 CFR 36.606 - Effect of certification.

§ 36.606 Effect of certification.


(1) A certification shall be considered a certification of equivalency only with respect to those features or elements that are both covered by the certified code and addressed by the standards against which equivalency is measured.

(2) For example, if certain equipment is not covered by the code, the determination of equivalency cannot be used as evidence with respect to the question of whether equipment in a building built according to the code satisfies the Act's requirements with respect to such equipment. By the same token, certification would not be relevant to construction of a facility for children, if the regulations against which equivalency is measured do not address children's facilities.

(b) A certification of equivalency is effective only with respect to the particular edition of the code for which certification is granted. Any amendments or other changes to the code after the date of the certified edition are not considered part of the certification.

(c) A submitting official may reapply for certification of amendments or other changes to a code that has already received certification.

(d) When the standards of the Act against which a code is deemed equivalent are revised or amended substantially, a certification of equivalency issued under the preexisting standards is no longer effective, as of the date the revised standards take effect. However, construction in compliance with a certified code during the period when a certification of equivalency was effective shall be considered rebuttable evidence of compliance with the Standards then in effect as to those elements of buildings and facilities that comply with the certified code. A submitting official may reapply for certification pursuant to the Act's revised standards, and, to the extent possible, priority will be afforded the request in the review process.

[Order No. 1513-91, 56 FR 35592, July 26, 1991, redesignated and amended by AG Order No. 3181-2010, 75 FR 56258, Sept. 15, 2010]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
Statutes at Large

Title 28 published on 10-Apr-2018 03:56

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 28 CFR Part 36 after this date.

  • 2017-12-26; vol. 82 # 246 - Tuesday, December 26, 2017
    1. 82 FR 60932 - Nondiscrimination on the Basis of Disability; Notice of Withdrawal of Four Previously Announced Rulemaking Actions
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Civil Rights Division
      Notice of withdrawal.
      As of December 26, 2017, these four previously announced ANPRMs are formally withdrawn.
      28 CFR Parts 35 and 36