FEATURE ARTICLE
Updates to Code Development Process Announced

Ensuring an efficient, effective process to develop high-quality construction codes and standards is central to the Code Council mission. As part of its active oversight role, the ICC Board of Directors reviewed the organization's Code Development Process, including recommendations made by the Code Development Review Ad Hoc Committee, and made a series of changes to make the process even better.

The changes include:

CP #19-03 GOVERNING THE CONDUCT OF ELECTIONS
1.0 Eligible Voters: Governmental Member Voting Representatives and Honorary Members in attendance at the Annual Business Meeting shall be eligible to vote on the elections, in accordance with ICC Bylaws. Only one vote is authorized for each eligible attendee. Application, whether new or updated, for ICC membership and Governmental Member Voting Representative status must be received by the Code Council ten thirty (30) days prior to the commencement of the Annual Business Meeting. An individual designated as a Governmental Member Voting Representative shall provide sufficient information to establish eligibility as defined in the ICC Bylaws. [Discussion: ICC will in the near future be implementing some new procedures to verify voters’ eligibility. The purpose of this new deadline is to allow adequate time to review applications prior to the ABM.] The Executive Committee of the ICC Board, in its discretion, shall have the authority to address questions related to eligibility. Decisions of the Executive Committee shall be final and not appealable pursuant to CP 1, other than claims of fraud or misrepresentation, supported by reasonably credible evidence, that were material to the outcome of the Annual Business Meeting. [Discussion: This language conforms to the procedure set forth in Section 7.4 of CP 28 regarding questions about eligibility.]

CP# 28-05 CODE DEVELOPMENT
1.2 Objectives:
The ICC Code Development Process has the following objectives:
1.2.1 The timely evaluation and recognition of technological developments pertaining to construction regulations.
1.2.2 The open discussion of proposals by all parties desiring to participate.
1.2.3 The final determination of Code text by public officials actively engaged in the administration, formulation or enforcement of laws, ordinances, rules or regulations relating to the public health, safety and welfare officials representing code enforcement and regulatory agencies and by honorary members. [Discussion: This change amends the language in the policy to conform with the language currently used in the bylaws.]


4.5 Updating Standards
4.5.1 Standards referenced in the 2012 Edition of the I-Codes: The updating of standards referenced by the Codes shall be accomplished administratively by the Administrative code development committee in accordance with these full procedures except that the deadline for availability of the updated standard and receipt by the Secretariat shall be December 1 of the third year of each code cycle, 2011. The published version of the 2012 new edition of the Code which references the standard will refer to the updated edition of the standard. If the standard is not available by the deadline, the edition of the standard as referenced by the newly published Code shall revert back to the reference contained in the previous edition and an errata to the Code issued Multiple standards to be updated may be included in a single proposal. [Discussion: The change of the ICC code change schedule raised timing issues for updating referenced standards. This change is intended to provide the SDOs with the maximum amount of time to update referenced standards.]
4.5.2 Standards referenced in the 2015 Edition and following Editions of the I-Codes: The updating of standards referenced by the Codes shall be accomplished administratively by the Administrative code development committee in accordance with these full procedures except that multiple standards to be updated may be included in a single proposal. The standard shall be completed and readily available prior to Final Action Consideration of the Administrative code change proposal which includes the proposed update.

5.7 Assembly Consideration: At the conclusion of the committee’s action on a code change proposal and before the next code change proposal is called to the floor, the Moderator shall ask for a motion from the public hearing attendees who may object to the committee’s action. If a motion in accordance with Section 5.7.1 is not brought forward on the committee’s action, the results of the public hearing shall be established by the committee’s action. If a motion in accordance with Section 5.7.1 is brought forward and is sustained in accordance with Section 5.7.3, both the committee’s action and the assemblies’ action shall be reported as the results of the public hearing. Where a motion is sustained in accordance with Section 5.7.3, such action shall be the initial motion considered at Final Action Consideration in accordance with Section 7.3.8.2. [Discussion: The assembly action vote should not override the committee because to do so would reduce the value of the Code Development Committee as a panel of experts. If the assembly votes to override the committee, the assembly vote will go forward as a public comment.]
5.7.3 Assembly Action: The A successful assembly action shall be a majority vote of the votes cast by in accordance with the following majorities based on the number of votes cast by eligible voters (See 5.7.4). [Discussion: Since assembly action would not override the committee based on the proposed change above, there is no longer a need for a supermajority vote requirement.]
5.7.4 Eligible Voters: All members of ICC in attendance at the public hearing shall be eligible to vote on floor motions. Each member is entitled to one vote, except that each Governmental Member Voting Representative in attendance may vote on behalf of its Governmental Member. Only one vote is authorized for each eligible attendee. [Discussion: This change is designed to clarify that each member, including Governmental Member Voting Representatives, gets only one vote.] Code Development Committee members shall be eligible to vote on floor motions. Application, whether new or updated, for ICC membership must be received by the Code Council ten days prior to the commencement of the first day of the public hearing.

7.4 Eligible Voters: ICC Governmental Member Representatives and Honorary Members in attendance at the Final Action Hearing shall have one vote per eligible attendee on all International Codes. Applications for Governmental Membership must be received by the ICC by April 1st of the applicable year in order for its designated representatives to be eligible to vote at the Final Action Hearing. [Discussion: The April 1sth date requires non-member jurisdictions to determine earlier in the code development process whether they are sufficiently interested in proposed code changes to warrant joining ICC for purposes of attending the upcoming Final Action Hearing.] Applications, whether new or updated, for governmental member voting representative status must be received by the Code Council ten thirty (30) days prior to the commencement of the first day of the Final Action Hearing in order for any designated representative to be eligible to vote. An individual designated as a Governmental Member Voting Representative shall provide sufficient information to establish eligibility as defined in the ICC Bylaws. The Executive Committee of the ICC Board, in its discretion, shall have the authority to address questions related to eligibility. Decisions of the Executive Committee shall be final and not appealable pursuant to CP 1, other than claims of fraud or misrepresentation, supported by reasonably credible evidence, that were material to the outcome of the Final Action Hearing. [Discussion: ICC intends to implement a new voter eligibility verification system to collect more information about designated representatives in order to address concerns that have been raised about eligibility at recent hearings. Collecting this information at the front end of the process will serve three purposes. First, it will enhance the ICC staff’s ability to determine whether a proposed Governmental Member Voting Representative (GMVR) is eligible. Second, having a more robust data collection system will enhance public confidence that only eligible voters are voting. Third, it will enable ICC to more readily resolve eligibility questions that are raised by third parties. The remainder of this section deals with the process of resolving questions of eligibility. Under current practice if a question is raised about a voter’s eligibility, staff makes the initial determination as to whether the claim has any merit. This section makes clear that the Executive Committee can decide whether to get involved, and if they do, that they are the final arbiter on such questions. The section also establishes that the only determinations that can be appealed are those in which there is a material claim of fraud or misrepresentation in
connection with a voter’s eligibility.]


CP#36-09 SPONSORSHIP AND CONTRIBUTIONS FINANCIAL ASSISTANCE

1.0. Purpose.
This policy is intended to regulate the conduct of all members, member representatives, and participants in the codes and standards development activities of the ICC (“ICC Code Development Activities”) [Discussion: This change makes clear that CP 36 applies only to code development activities.] and is further intended to assure a transparent environment that reduces the impact of economic interests on the public benefit mission of the organization.

2.0. Solicitations. The ICC, chapters of the ICC, and governmental members of the ICC are permitted to accept financial assistance to participate in the code development activities of the ICC provided that:
2.1. Any solicitation of monies or sponsorships on behalf of the ICC shall obtain prior approval of the Board of Directors in accordance with ICC
policy.
2.2. Any solicitation of monies or sponsorships on behalf of a regional, state, or local chapter of the ICC shall obtain prior approval of the Board of
Directors of that Chapter and shall comply with the applicable provisions of CP-10.
2.3. Any solicitation of monies or sponsorships on behalf of a governmental member of the ICC shall comply with applicable law.
[Discussion: These provisions were deemed to be beyond the scope of this policy.]

3.0. Contributions. To allow industry and the public to contribute to the goals of the ICC in transparent and accountable processes, organizations and individuals are permitted to contribute financial assistance to Ggovernmental Mmembers to further ICC Code Development Aactivities [Discussion: This is an editorial change to use the term “ICC Code Development Activities” as defined in Section 1.0] provided that:
3.1. Contributions of financial assistance to Ggovernmental Mmember Voting Rrepresentatives for the purposes of enabling participationing in ICC Code Development Aactivities [Discussion: This CP#36-09 Page 2 of 4 change expands the scope of the restriction to prevent circumvention of the rule.] are prohibited except for reimbursements by the ICC or its subsidiaries, a regional, state, or local chapter of the ICC, or a or the local, state or federal unit of government such Governmental Member Voting Representative is representing. [Discussion: The existing language left open the question as to whether another jurisdiction could fund a Governmental Member Voting Representative. The FAQ issued by ICC interpreted this provision as prohibiting other jurisdictions’ funding of Governmental Member Voting Representatives. This change codifies the interpretation in the FAQ that funding must come from the Governmental Member Voting Representative’s own jurisdiction.] For the purposes of this policy financial assistance includes the payment of expenses on behalf of the Ggovernmental Mmember or Governmental Member Voting Representative. [Discussion: This change makes clear that financial assistance includes payment of expenses on behalf of both a Governmental Member or a Governmental Member Voting Representative] Governmental Member Voting Representatives may self-fund for purposes of participating in ICC Activities. [Discussion: Although CP 36 is intended to deal with third party funding, this provision makes it clear that self-funding is appropriate.]
3.1.12. A Ggovernmental Mmember accepting contributions of financial assistance from industry or other economic interests shall do so by action of its elected governing body or chief administrative authority. A Governmental Member Voting Representative may not directly accept financial assistance from industry or other economic interests. [Discussion: As originally written, CP 36 left open the possibility that Governmental Member Voting Representatives could accept third-party contributions as long as they were approved by the Governmental Member Voting Representative’s jurisdiction. The ICC FAQ interpretative document reflected this interpretation. However, in light of concerns that have continued to be raised regarding this practice, the new language in this section now explicitly prohibits Governmental Member Voting Representatives from accepting contributions from third parties.]
3.3. Donations of technical services in support of a governmental member’s jurisdictional business activities are acceptable. [Discussion: This provision was deemed to be beyond the scope of this policy.]
3.4. Any contributions to a Ggovernmental mMmember of the ICC shall comply with applicable law, including but not limited to a Governmental Member’s ethics, conflict of interest or other similar rules and regulations. [Discussion: ICC expects Governmental Members to comply with their own ethics rules in connection with attendance at ICC code hearings.]

4.0. Certification. When a Governmental Member is represented at an ICC Code Development Activity, it shall be required to provide a statement executed by its Primary Representative that certifies compliance by the Governmental Member and its Governmental Member Voting Representatives with this CP-36. [Discussion: This provision is designed to help ensure that Governmental Members are familiar with the rules of CP-36 and have complied with them. Procedures will be developed to obtain this certification in conjunction with the collection of information about Governmental Member Voting Representatives.]

5.0 Violations. The Board of Directors, when it has determined that a violation of this policy has occurred, shall have authority to address such violations in such manner as it deems appropriate, including, but not limited to, suspension of member benefits and privileges.

65.0. Disclosure. ICC members, member representatives, and participants in the activities of the ICC are encouraged to disclose any perceived breaches of this policy. Disclosure shall be made by signed communication to the Board of Directors. The Executive Committee of the ICC Board, in its discretion, shall have the authority to address questions related to funding. Decisions of the Executive Committee shall be final and not appealable pursuant to CP 1, other than claims of fraud or misrepresentation, supported by reasonably credible evidence, that were material to the outcome of the Final Action Hearing. [Discussion: This language conforms to the procedure set forth in Section 7.4 of CP 28 regarding questions about eligibility.]