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Section 36.601 establishes the definitions to be used for purposes
of this subpart. Two of the definitions have been modified, and a
definition of model code has been added. First, in response to a
comment, a reference to a code or part thereof has been added to the
definition of code. The purpose of this addition is to clarify that
an entire code need not be submitted if only part of it is relevant to
accessibility, or if the jurisdiction seeks certification of only some
of the portions that concern accessibility. The Department does not
intend to encourage piecemeal requests for certification by a single
jurisdiction. In fact, the Department expects that in some cases, rather
than certifying portions of a particular code and refusing to certify
others, it may notify a submitting jurisdiction of deficiencies and
encourage a reapplication that cures those deficiencies, so that the
entire code can be certified eventually. Second, the definition of
submitting official has been modified. The proposed rule defined the
submitting official to be the State or local official who has principal
responsibility for administration of a code. Commenters pointed out that
in some cases more than one code within the same jurisdiction is
relevant for purposes of certification. It was also suggested that the
Department allow a State to submit a single application on behalf of the
State, as well as on behalf of any local jurisdictions required to
follow the State accessibility requirements. Consistent with these
comments, the Department has added to the definition language clarifying
that the official can be one authorized to submit a code on behalf of a
jurisdiction.
(Just notes)
