
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC619]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
    CHAPTER 12--CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC 
                                BUILDINGS
 
Sec. 619. Compliance with nationally recognized codes


(a) Building codes

    Each building constructed or altered by the General Services 
Administration or any other Federal agency shall be constructed or 
altered, to the maximum extent feasible as determined by the 
Administrator or the head of such Federal agency, in compliance with one 
of the nationally recognized model building codes and with other 
applicable nationally recognized codes. Such other codes shall include, 
but not be limited to, electrical codes, fire and life safety codes, and 
plumbing codes, as determined appropriate by the Administrator. In 
carrying out this subsection, the Administrator or the head of the 
Federal agency authorized to construct or alter the building shall use 
the latest edition of the nationally recognized codes referred to in 
this subsection.

(b) Zoning laws

    Each building constructed or altered by the General Services 
Administration or any other Federal agency shall be constructed or 
altered only after consideration of all requirements (other than 
procedural requirements) of--
        (1) zoning laws, and
        (2) laws relating to landscaping, open space, minimum distance 
    of a building from the property line, maximum height of a building, 
    historic preservation, and esthetic qualities of a building, and 
    other similar laws,

of a State or a political subdivision of a State which would apply to 
the building if it were not a building constructed or altered by a 
Federal agency.

(c) Special rules

      (1) State and local government consultation, review, and 
                                 inspections

        For purposes of meeting the requirements of subsections (a) and 
    (b) of this section with respect to a building, the Administrator or 
    the head of the Federal agency authorized to construct or alter the 
    building shall--
            (A) in preparing plans for the building, consult with 
        appropriate officials of the State or political subdivision, or 
        both, in which the building will be located;
            (B) upon request, submit such plans in a timely manner to 
        such officials for review by such officials for a reasonable 
        period of time not exceeding 30 days; and
            (C) permit inspection by such officials during construction 
        or alteration of the building, in accordance with the customary 
        schedule of inspections for construction or alteration of 
        buildings in the locality, if such officials provide to the 
        Administrator or the head of the Federal agency, as the case may 
        be--
                (i) a copy of such schedule before construction of the 
            building is begun; and
                (ii) reasonable notice of their intention to conduct any 
            inspection before conducting such inspection.

              (2) Limitation on State responsibilities

        Nothing in this section shall impose an obligation on any State 
    or political subdivision to take any action under paragraph (1).

(d) State and local government recommendations

    Appropriate officials of a State or a political subdivision of a 
State may make recommendations to the Administrator or the head of the 
Federal agency authorized to construct or alter a building concerning 
measures necessary to meet the requirements of subsections (a) and (b) 
of this section. Such officials may also make recommendations to the 
Administrator or the head of the Federal agency concerning measures 
which should be taken in the construction or alteration of the building 
to take into account local conditions. The Administrator or the head of 
the Federal agency shall give due consideration to any such 
recommendations.

(e) Effect of noncompliance

    No action may be brought against the United States and no fine or 
penalty may be imposed against the United States for failure to meet the 
requirements of subsection (a), (b), or (c) of this section or for 
failure to carry out any recommendation under subsection (d) of this 
section.

(f) Limitation on liability

    The United States and its contractors shall not be required to pay 
any amount for any action taken by a State or a political subdivision of 
a State to carry out this section (including reviewing plans, carrying 
out on-site inspections, issuing building permits, and making 
recommendations).

(g) Applicability to certain buildings

    This section applies to any project for construction or alteration 
of a building for which funds are first appropriated for a fiscal year 
beginning after September 30, 1989.

(h) National security waiver

    This section shall not apply with respect to any building if the 
Administrator or the head of the Federal agency authorized to construct 
or alter the building determines that the application of this section to 
the building would adversely affect national security. A determination 
under this subsection shall not be subject to administrative or judicial 
review.

(Pub. L. 86-249, Sec. 21, as added Pub. L. 100-678, Sec. 6(a), Nov. 17, 
1988, 102 Stat. 4051.)


                    Notification of Federal Agencies

    Section 6(b) of Pub. L. 100-678 provided that: ``Not later than 180 
days after the date of the enactment of this section [Nov. 17, 1988], 
the Administrator of General Services shall notify the heads of all 
Federal agencies of the requirements of section 21 of the Public 
Buildings Act of 1959 [40 U.S.C. 619].''
