[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR41.120]

[Page 700-701]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 41_SEISMIC SAFETY--Table of Contents
 
Sec.  41.120  Acceptable model codes.

    (a) This section describes the standards that must be used to meet 
the seismic design and construction requirements of this part.

[[Page 701]]

    (b)(1) The following are model codes which have been found to 
provide a level of seismic safety substantially equivalent to that 
provided by use of the 1988 National Earthquake Hazards Reduction 
Program (NEHRP) Recommended Provisions (Copies are available from the 
Office of Earthquakes and Natural Hazards, Federal Emergency Management 
Agency, 500 C Street, SW., Washington, DC 20472.):
    (i) The 1991 International Conference of Building Officials (ICBO) 
Uniform Building Code, published by the International Conference of 
Building Officials, 5360 South Workman Mill Rd., Whittier, Cal. 90601;
    (ii) The 1992 Supplement to the Building Officials and Code 
Administrators International (BOCA) National Building Code, published by 
the Building Officials and Code Administrators, 4051 West Flossmoor Rd., 
Country Club Hills, Ill. 60478-5795; and
    (iii) The 1992 Amendments to the Southern Building Code Congress 
(SBCC) Standard Building Code, published by the Southern Building Code 
Congress International, 900 Montclair Rd., Birmingham, Ala. 35213-1206.
    (2) Versions of the NEHRP seismic maps have been adopted along with 
the NEHRP Recommended Provisions into the BOCA National and SBCC 
Standard building codes. The seismic zone map in the ICBO Uniform 
Building Code is also based on one of the USGS maps of horizontal ground 
acceleration. However, the ICBO map should be used only with the ICBO 
code. Also, it is not appropriate to use the NEHRP maps with the ICBO 
Uniform Building Code, because the design requirements of building codes 
are keyed to the numerical values of the map they reference.
    (c) Revisions to the model codes listed in paragraph (b) of this 
section that are substantially equivalent to or exceed the then current 
or immediately preceding edition of the NEHRP recommended provisions, as 
it is updated, may be approved by a DOT Operating Administration to meet 
the requirements in this part.
    (d) State, county, local, or other jurisdictional building 
ordinances adopting and enforcing the model codes, listed in paragraph 
(b) of this section, in their entirety, without significant revisions or 
changes in the direction of less seismic safety, meet the requirements 
in this part. For ordinances that do not adopt the model codes listed in 
paragraph (b) of this section, substantial equivalency of the ordinances 
to the seismic safety level contained in the NEHRP recommended 
provisions must be determined by the DOT Operating Administration before 
the ordinances may be used to meet the requirements of this part.
    (e) DOT Operating Administrations that, as of January 5, 1990, 
required seismic safety levels higher than those imposed by this part in 
new building construction programs will continue to maintain such levels 
in force.
    (f) Emergencies. Nothing in this part applies to assistance provided 
for emergency work or for assistance essential to save lives and protect 
property and public health and safety performed pursuant to sections 
402, 403, 502, and 503 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (Stafford Act), 42 U.S.C. 5170a, 5170b, 5192, 
and 5193, or for temporary housing assistance programs and individual 
and family grants performed pursuant to Sections 408 and 411 of the 
Stafford Act, 42 U.S.C. 5174 and 5178. However, this part applies to 
other provisions of the Stafford Act after a Presidentially declared 
major disaster or emergency when assistance actions involve new 
construction or total replacement of a building.