Pro Codes Act: Free Access To ALL Adopted Building Codes

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Estimated reading time: 6 minutes


A significant legislative development is underway in building safety and code compliance. The “Protecting and Enhancing Public Access to Codes Act,” colloquially known as the “Pro Codes Act,” is making its way through Congress, promising to reshape how we access and utilize building codes and standards.

This pivotal piece of legislation aims to strike a delicate balance between two crucial objectives: ensuring public access to codes incorporated by reference into law and preserving the intellectual property rights of the standards development organizations (SDOs) that create these essential documents. As professionals in the building safety and code enforcement fields, we need to understand the potential implications of this Act and how it might affect our daily operations and the communities we serve.

This bill aims to amend Title 17 of the United States Code regarding copyright protection for standards incorporated by reference into law. Here’s a summary.

The Pro Codes Act Balances Two Important Goals

  1. Ensuring public access to standards incorporated by reference into laws and regulations
  2. Protecting the copyright and revenue model of standards development organizations (SDOs)—The National Electrical Code, International Code Council, and National Fire Protection Association are such organizations.

Here are key provisions:

  1. Copyright Protection: Standards retain copyright protection even when incorporated by reference into law, provided the SDO makes the incorporated portions publicly accessible online at no cost within a reasonable timeframe.
  2. Public Accessibility: SDOs must make incorporated standards available in a searchable format with a table of contents and index to facilitate the location of specific content.
  3. Definitions: The bill defines key terms like “incorporated by reference,” “standard,” and “standards development organization” to provide clarity for implementation.
  4. The burden of Proof: In legal proceedings, the party claiming an SDO has failed to comply with the accessibility requirements bears the burden of proof.
  5. Studies and Reporting: The bill mandates that the U.S. Copyright Office and Government Accountability Office (GAO) conduct several studies on the Act’s various impacts, including its effects on disadvantaged communities, costs to state and local governments, consumer protection, digital privacy, affordable housing, and small businesses.

For code officials, this legislation aims to preserve the valuable role of SDOs in developing technical standards while ensuring that when those standards become law, they remain accessible to the public. The Act recognizes the importance of the current “incorporation by reference” system while adding new requirements to balance public access needs.

The bill also acknowledges the potential financial impacts on various levels of government and calls for studies to assess these effects, which may be of particular interest to code officials working in state and local jurisdictions.


Learn more about building codes, standards, and regulations.


Will the new bill (if passed) force local jurisdictions to make the codes available online, or would the code developer be required to host a publicly accessible copy?

Based on the bill’s content, the responsibility for making the incorporated standards publicly accessible online would fall primarily on the standards development organizations (SDOs), not the local jurisdictions. Here’s a more detailed explanation:

  1. SDO Responsibility: The bill states that a standard will retain its copyright protection if the applicable standards development organization “makes all portions of the standard so incorporated publicly accessible online at no monetary cost and in a format that includes a searchable table of contents and index, or equivalent aids to facilitate the location of specific content.”
  2. No Explicit Requirement for Local Jurisdictions: The bill does not explicitly require local jurisdictions to host or make the codes available online themselves.
  3. Definition of “Publicly Accessible Online”: The bill defines this term as material that “is displayed for review in a readily accessible manner on a public website that conforms with the accessibility requirements of section 508 of the Rehabilitation Act of 1973.” This suggests that the SDO would be responsible for hosting the content on their website or a designated public platform.
  4. Timeframe for Compliance: The bill specifies that the SDO must make the standard accessible “within a reasonable period after obtaining actual or constructive notice that the standard has been incorporated by reference.”
  5. Studies on Impact: The bill does call for several studies to assess the impact on various stakeholders, including state and local governments. This suggests an awareness that there may be indirect effects or costs for local jurisdictions, even if they’re not directly responsible for hosting the content.

Based on the bill’s text, local jurisdictions would not be required to host or make the codes available online. The primary responsibility for online accessibility would lie with the standards development organizations. However, local jurisdictions should stay informed about the outcomes of the mandated studies, as these may reveal indirect impacts or costs associated with implementing this Act.

When developing this new law, can AI visit and quote publicly available text within the code?

Based on the bill’s text, there’s no specific mention of AI systems accessing or quoting the publicly available standards. However, we can infer some potential implications:

  1. Public Accessibility: The bill requires standards incorporated by reference to be “publicly accessible online at no monetary cost.” This suggests that the content would be available for access by various systems, potentially including AI.
  2. Format Requirements: The bill specifies that the standards must be in “a format that includes a searchable table of contents and index, or equivalent aids to facilitate the location of specific content.” This machine-readable format could be conducive to AI systems parsing and analyzing the content.
  3. No Explicit Restrictions: The bill does not include language restricting AI systems from accessing or quoting the publicly available standards.
  4. Terms of Service Consideration: The bill allows users to create an account or agree to terms of service to access the standards. It states this wouldn’t make the material “not publicly accessible online” as long as there’s no monetary cost and no personally identifiable information is used without express consent. These terms of service could include restrictions on automated access or large-scale data extraction, which might affect AI systems.
  5. Copyright Considerations: While the standards would be publicly accessible, they would still retain copyright protection. This means that while quoting or referencing small portions might be permissible (potentially falling under fair use), large-scale reproduction or use of the content by AI systems could still be subject to copyright restrictions.
  6. Future Clarification Needed: As AI capabilities evolve, there may be a need for future clarification or additional legislation regarding AI’s interaction with these publicly accessible standards.

To help you keep track of the Pro Codes Act’s progress, I’ve included an interactive widget in this article that provides real-time updates on the bill’s status. I encourage you to bookmark this page and check back regularly. By staying abreast of these developments, we can better prepare for any changes and continue to uphold our industry’s highest standards of safety and compliance. Remember, an informed professional is an effective professional. Let’s embrace this opportunity to shape the future of code accessibility together.


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