Memorandum of Understanding
Each organization will issue their 2006 edition of the Plumbing Code and Mechanical Code next year. They will then proceed and merge the codes. The goal in working together is to have a combined set of plumbing and mechanical codes by the next printing of the codes, which is 2009. Details on the process of combining the codes will be developed within the next few months.
Memorandum Of Understanding1. 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).
2. 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.
3. 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.
4. 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:
- 1. 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.
2. 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.
3. 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.
4. IAPMO and ICC would hold a joint code development hearing (or hearings) to develop and maintain any codes that result from the joint venture.
5. 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.
6. The codes produced by the joint venture would reference applicable codes and standards, in order to maintain a comprehensive and coordinated set of codes.
6. 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.
7. 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.
8. TERMINATION: This MOU may be terminated by either party upon 30 days written notice. Such notice shall indicate the reasons for requesting such termination.