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With the final hearings on a number of key proposed changes to the International Energy Conservation Code (IECC) scheduled for late October, the International Code Council (ICC) has issued a clarification to its Policy CP-36 on financial assistance to governmental member voting representatives.
CP-36 was approved in February 2009 in response to concerns raised by NAHB and other groups about the growing influence of third-party funding in the ICC code development process.
This recent clarification was issued, at least in part, in response to efforts by a few groups to garner support for proposed changes to the IECC at this year’s hearings by offering “scholarships” for travel expenses to ICC’s governmental member voting representatives. CP-36 prohibits the voting representatives from accepting this money.
ICC clearly states that this new policy is intended “to prohibit, or appropriately regulate, financial assistance which is designed to increase participation by a particular interest group or by those supporting a particular position on a proposed code change.”
It limits the acceptance of financial assistance for travel expenses by the voting representatives to ICC or its subsidiaries; an ICC chapter; or local, state or federal government.
A governmental member voting representative may not accept financial assistance from a trade association, like NAHB, or from groups representing governmental entities or public officials, like the National League of Cities.
Further, a voting representative is permitted only to accept financial assistance from the government entity that he or she represents.
For example, a “governmental member voting representative from the city of Los Angeles may not accept financial assistance from the city of San Diego,” according to ICC’s explanation of the guidance.
However, a member of a governmental jurisdiction may accept financial assistance from trade associations and other groups to fund the travel expenses of its voting representatives, as long as accepting money is permitted by applicable state and local laws and explicitly authorized by the elected governing body or chief administrative authority.
“ICC respects the jurisdiction’s right to raise and expend funds as it sees fit, and in addition, will defer to a jurisdiction’s determination as to what is permitted under its rules relating to acceptance of funds from outside entities,” according to the ICC clarification.
Before being permitted to vote, each voting representative will be asked to sign a written certification that he or she has complied with the ICC financial assistance policy.
Improperly accepting financial assistance can result in not being allowed to vote at code hearings, according to the ICC.
For additional information, e-mail Larry Brown at NAHB, or call him at 800-368-5242 x8565.