(2) For example, if certain equipment is not covered by the code, the determination of equivalency cannot be used as evidence with respect to the question of whether equipment in a building built according to the code satisfies the Act's requirements with respect to such equipment. By the same token, Certification would not be relevant to construction of a facility for children, if the regulations against which equivalency is measured do not address children's facilities.
(c) A submitting official may reapply for Certification of amendments or other changes to a code that has already received Certification.
(d) When the standards of the Act against which a code is deemed equivalent are revised or amended substantially, a Certification of equivalency issued under the preexisting standards is no longer effective, as of the date the revised standards take effect. However, construction in compliance with a certified code during the period when a Certification of equivalency was effective shall be considered rebuttable evidence of compliance with the Standards then in effect as to those elements of buildings and facilities that comply with the certified code. A submitting official may reapply for Certification pursuant to the Act's revised standards, and, to the extent possible, priority will be afforded the request in the review process.
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(Authority: 5 USC §301; 28 USC §509; 42 USC §12186(b); 42 USC §12205(a)
Source: Order No. 1513-91, 56 FR 35592 | July 26, 1991)
Source: Order No. 1513-91, 56 FR 35592 | July 26, 1991)


