At the ICC Annual meeting of the members, President Frank
Hodge announced that the ICC and IAPMO have taken the next
step in their talks about working closer together in the future.
President Hodge provided informed ICC members that ICC and
IAPMO have signed an Memorandum of Understanding (MOU) to
formalize talks that have been ongoing. The specific provisions
of the MOU are outlined below.
Memorandum of Understanding
PARTIES: This Memorandum of Understanding (MOU)
is entered into by and between the International Code Council,
Inc. (ICC) and the International Association of Plumbing
and Mechanical Officials, Inc. (IAPMO).
PURPOSE AND SCOPE: The purpose of this MOU is
to describe the parties' intentions regarding a joint venture
relating to the development of future plumbing and mechanical
codes. The parties intend to explore a joint venture that
would allow them to work cooperatively to develop successor
codes to the Uniform and International Plumbing and Mechanical
Codes.
LEGAL EFFECT: This document expresses the intention
of the parties regarding potential development of certain
codes and other matters related thereto. It does not create
any legal obligation or responsibility by or on behalf of
either party. Neither party shall take institute or pursue
any legal or other proceedings to attempt to enforce any
provision of this MOU. After execution of this MOU, the
parties intend to discuss the development of the necessary
agreements and other documents that would govern their future
relationship.
The parties intend, in order to promote the public interest,
to work to identify a system to allow them jointly to develop
a single set of coordinated successor codes to the Uniform
and International Plumbing and Mechanical Codes. In developing
such a system, the parties agree that the following principles
will be followed:
The parties agree to work cooperatively in good faith
and to reach out to affected stakeholders, in a manner
to be agreed upon by the parties, as discussions between
the parties proceed.
The new system would utilize the Governmental Consensus
process to create and maintain the codes that result
from the proposed joint venture. Specific details of
the process to be agreed upon by both organizations.
The plumbing and mechanical members of the code development
committees, which would create and maintain the codes
that result from the joint venture, would all be qualified
individuals from the plumbing and mechanical industry
with expertise in their respective fields.
IAPMO and ICC would hold a joint code development
hearing (or hearings) to develop and maintain any codes
that result from the joint venture.
All plumbing and mechanical codes that result from
the joint venture would be jointly owned by ICC and
IAPMO. The details of such ownership, and the allocation
of revenues from the sale of any such codes, would be
developed in subsequent discussions between the parties.
The codes produced by the joint venture would reference
applicable codes and standards, in order to maintain
a comprehensive and coordinated set of codes.
STAFF SUPPORT FOR ACTIVITIES: The parties intend
that each would provide the necessary number of qualified
and competent volunteers and staff required to support the
activities described in this MOU.
TRAVEL EXPENSE REIMBURSEMENT: The parties intend
that each organization would be responsible for the meeting
and travel expenses incurred by its staff and volunteers
(in accordance with their respective rules) that are incurred
as a result of code development and maintenance activities
related to the codes referenced in this MOU.
TERM: This MOU shall take effect immediately upon
ratification by both the IAPMO Board of Directors and the
ICC Board of Directors. It shall remain in effect until
and unless terminated as provided herein, or until it is
superseded by subsequent agreement of the parties.
TERMINATION: This MOU may be terminated by either
party upon 30 days written notice. Such notice shall indicate
the reasons for requesting such termination.
