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RE: Yet another email regarding the dreaded ADA

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Title: RE: Yet another email regarding the dreaded ADA

The uniform building code allows for a quasi-judicial forum to resolve interpretation and enforcement disputes between the "building official" and complainee.  It is in 97 UBC Section 105 Board of Appeals.

The difference here is the ADA is a federal law and a local board of appeals is not going to be able to over ride the ADA.  Maybe it could render an interpretation.

-----Original Message-----
From: Gary Hodgson & Associates [mailto:ghodgson(--nospam--at)]
Sent: Monday, October 21, 2002 7:05 AM
To: seaint(--nospam--at)
Subject: Yet another email regarding the dreaded ADA

 I have been following the discussion about the ADA and similar code
 requirements with some interest.  Up here in Canada, we do not have an
 equivalent disabled act.  The National Building Code of Canada is a
 model code, developed and written by the National Research Council which
 the provinces then adopt and add to as they see fit.  For example, the
 Ontario Building Code has added additional requirements for fire
 prevention, safety, and handicap access.

 My question is in regard to the following.  We can appeal decisions
 made by municipal officials who enforce the code when we feel that the
 code may not apply or special circumstances exist which the code may
 not cover.  These appeals are made to the Ontario Building Code
 Commission (OBCC).  Where materials are new, or old materials are used
 in new circumstances, you can apply to the Building Materials
 Evaluation Committee.

 I have appealed to the OBCC twice successfully (once after going
 through the entire appeals process and another time the municipality
 withdrew their requirements as soon as the appeal was made).

 Is there no similar means in the US for appealing the sometimes poor  decisions of

Gary L. Hodgson, P.Eng.
Niagara Falls, ON

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