lilninotchka
Posts: 121
Joined: 8/27/2004 Status: offline
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It's been my experience that the AHJ (Authority Having Jurisdiction) codes prevail if they are the same as (ie simply state that the ADA (Americans with Disabilities Act) is officially adopted as their code) or more stringent than the Federal codes/laws (local codes are 'not supposed' to be more lenient than federal guidelines or law). Many jurisdictions (cities, counties, etc) adopt addendums to the Federal codes that can and will be upheld in a court of law...and not just reguarding handicap accessibility either. It is common for general and special use building codes, fire codes, etc. Adherence to and interpretation of any code is also in the hands of the AHJ, as well as standards that apply to retrofits, grandfathered in structures and businesses, etc. That's not to say there is no appeal process, because there is everywhere i've seen. Usually, the local authority code prevails, then the next largest authority (county, state), then the federal. The best way to discover exactly what applies in any given place is to talk to the AHJ for that place. More than you ever wanted to know about the subject, isn't it?? lmao
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