Municipalities adopt technical codes published by outside organizations rather than drafting them. The adoption procedure is prescribed and is frequently done incorrectly.

Statutory requirements commonly include identification of the code by title, edition and date; publication of a notice of intent; a public hearing; availability of copies for public inspection for a period before adoption and thereafter; and in some states filing with a state agency.

Amendments. Local amendments to the adopted code must be stated specifically, and in several states building code amendments require state approval because the code is a statewide standard.

Preemption. Building and energy codes are state-level in most states, and local variation is restricted. Property maintenance and fire codes generally allow more local latitude.

Future editions. Adopting a code as amended from time to time is an unlawful delegation in many states; each new edition must be adopted through the procedure.

Enforcement depends on adoption. A citation under a code that was never properly adopted fails, and defendants raise this. The adoption file — notices, proofs of publication, minutes, the certified copy on file — should be retrievable.

Availability. Copies accessible to the public, which for copyrighted model codes usually means a reading copy at the clerk’s office plus an online reference.