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Canadian Parliament Debate on Standards Incorporated by Reference

“The Jack Pine” | Tom Thomson (1916) | National Gallery of Canada

 

Originally posted January 2014

In these clips — selected from Canadian Parliamentary debate in 2013 — we observe three points of view about Incorporation by reference (IBR); a legislative drafting technique that is the act of including a second document within a main document by referencing the second document.

This technique makes an entire second (or referenced) document a part of the main document.  The consensus documents in which we advocate #TotalCostofOwnership concepts are incorporated by reference into legislation dealing with safety and sustainability at all levels of government.  This practice — which many consider a public-private partnership — is a more effective way of driving best practices for technology, and the management of technology, into regulated industries.

Parent legislation — such as the Higher Education Act of 1965, the Clean Air Act and the Energy Policy Act – almost always require intermediary bureaucracies to administer the specifics required to accomplish the broad goals of the legislation.  With the gathering pace of governments everywhere expanding their influence over larger parts of the technologies at the foundation of national economies; business and technology standards are needed to secure that influence.  These standards require competency in the application of political, technical and financial concepts; competencies that can only be afforded by incumbent interests who build the cost of their advocacy into the price of the product or service they sell to our industry.  Arguably, the expansion of government is a reflection of the success of incumbents in business and technical standards; particularly in the compliance and conformity industries.

About two years ago, the US debate on incorporation by reference has been taken to a new level with the recent statement released by the American Bar Association (ABA):

16-164-Incorporation-by-Reference-ABA-Resolution-and-Report

The American National Standards Institute responded to the ABA with a statement of its own.

16-164-ANSI-Response-to-ABA-IBR-06-16 (1)

The incorporation by reference policy dilemma has profound implications for how we safely and economically design, operate and maintain our “cities-within-cities” in a sustainable manner but, admittedly, the results are only visible in hindsight over a time horizon that often exceed the tenure of a typical college or university president.

A recent development — supporting the claims of ANSI and its accredited standards developers — is noteworthy:

The National Institute for Standards and Technology (NIST) manages a website — Standards.GOV — that is a single access point for consensus standards incorporated by reference into the Code of Federal Regulations: Standards Incorporated by Reference Database.   Note that this database does not include specific reference to safety and sustainability codes which are developed by standards setting organizations (such as NFPA, ICC, IEEE, ASHRAE and others) and usually incorporated by reference into individual state public safety and technology legislation.


LEARN MORE:

 

ICYMI: National Technology Transfer & Advancement Act | Part 2 of 2

“Archimedes Thoughtful” 1620 Domenico Fetti

 

 

“The supply of government exceeds the demand”

—  Lewis Lapham

 

We circle back to our February 2015 coverage of the National Technology Transfer and Advancement Act because it forms a significant part of the foundation for technological self-determination of most US industries — including the education and health care industry.   This time we have the good fortune of having this topic enlightened by the time and expertise of Andrew Updegrove of Gesmer Updegrove, LLC — one of the leading names in global standards setting, promotional consortia and open source foundations.


Issue: [11-31]

Category: Academics, Administration & Management, Public Policy, US Department of Commerce

Colleagues: Mike Anthony, Jack Janveja, Christine Fischer, Rich Robben, Andrew Updegrove


LEARN MORE:

University of Michigan Welcomes the American National Standards Institute

Experts Discuss Incorporation by Reference at the ANSI Legal Issues Forum

Chevron Deference

Code of Federal Regulations Incorporation by Reference

NIST | Standards Incorporated by Reference

National Technology Transfer & Advancement Act

Canadian Parliament Debate on Standards Incorporated by Reference

 

 

CFR Title 41: PART 102-76—DESIGN AND CONSTRUCTION

The Birth of a Building: Constructing the United States National Museum

The construction industry is one of the largest employers in any community and, as such, a significant generator of employment.  The so-called “multiplier effect” cited by economists means that when you add one person working in the construction industry you create two additional jobs in other sectors.

The construction industry is also one of the most heavily regulated; heavy regulation being a characteristic of many solid, but slow-growth economic sectors.

As public assets, education facilities are much like federal facilities — both expected to have a long life-cycles — reflected in the guidance in the in the link below.   In privately developed best practice literature authored by ANSI-accredited standards developers you will find federal regulations heavily referenced; but not the other way around.

Code of Federal Regulations Title 41: PART 102-76—DESIGN AND CONSTRUCTION

We track action in federal design and construction regulations because federal regulatory bodies are relatively well staffed.  Some within those groups may say otherwise but that is another discussion.  Federal regulators know know what other federal agencies are doing — such as the Occupational Safety & Health Administration and the Department of Energy  — and they seem to keep pace with private, non-profit standards developers.  Also: many colleges and universities enjoy the “halo effect” of having a National Laboratory or a Presidential Library * present within or near the footprint of their campus.  With the  halo comes the obligation to maintain separate staffing of finance and facility management professionals.

By statue (National Technology Transfer & Advancement Act) federal agencies defer to private standards setting organizations.   The limit of our attention in this section of the Code of Federal Regulations ends here.

We maintain federal construction standards on the standing agenda of our Model Building Code and Federal teleconferences.   See our CALENDAR for the next online meeting; open to everyone.


*  The University of Michigan, Harvard University, the University of Arkansas, and three other Texas universities — University of Texas at Austin,  Texas A&M and Southern Methodist University — are locations of presidential libraries governed by the provisions of this section of the Code of Federal Regulations

 

 

 

 

 

 

 

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