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Well this is part of the reason for this topic.

NFPA Link has terms of service that are due to the "model code" being proprietary. Accessing the content via that NFPA Link endpoint puts you at the mercy of the terms of whatever the private third party offers.

But as the law stated, once the code is adopted, it becomes public domain. I would guess that NFPA has no legal obligation to offer a "public domain" portal, so the question becomes at what cost should local governments buy server space and host the texts and make the code available to the public domain? Especially because it appears they are legally obligated to do so? My research shows they currently don't offer it.

I find this kind of like "right to repair" except to "right to access public domain code text." In this case, the right exists, but no endpoint exists, so if there's no endpoint, does the right really exist?



What is the reasoning that they are obligated to provide it? I'm no expert in this area, but I don't think the fact that they are public domain means they are obligated to provide them to you? Is there a separate requirement on law text that says they must be provided? (It would be sane for that to exist, but...)

You could try FOIAing them or suing them if you think there is an actual obligation.


I don't believe code publishers are obligated to publish their model code. Especially because the local jurisdiction might adopt amendments that differ from the code they wrote and control.

Therefore I think they are perfectly ok offering a generic endpoint to the general public as a convenience, and have no liability when the adopted code might differ from what they provided.

From the government side, I believe that since the courts determined that adopted model codes are public domain, they are obligated to publish the code. Is the government required to publish text version of all applicable laws?




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