New Pro Codes Act Says Safety Standards Written into Law Must Be Free to Read Online—But There’s a Catch

The Protecting and Enhancing Public Access to Codes Act, or the Pro Codes Act, is trying to solve a very specific problem that affects everything from the structural integrity of your office building to the safety standards of your kids’ toys: Who gets to read the rules?

The Balancing Act: Copyright vs. Public Safety

This bill centers on technical standards—think building codes, electrical specifications, or safety protocols—that are often created by private organizations (called Standards Development Organizations, or SDOs). These SDOs fund their operations by selling or licensing these detailed standards. The problem starts when federal, state, or local governments adopt these standards as law by referencing them in regulations. If a standard is the law, shouldn’t the public be able to read it without paying $200 for a PDF?

Section 3 of the Pro Codes Act says yes, but with a major condition. It amends copyright law to say that if an SDO’s standard is incorporated by reference into a law or regulation, the SDO can keep its copyright only if it makes the referenced parts of the standard available “Publicly Accessible Online” for free. This means you should be able to read the exact safety rule your local building inspector is enforcing, without having to buy it first. This is a huge win for transparency and for anyone—from a small contractor to a homeowner doing renovations—who needs to comply with the law.

The Fine Print That Matters

While the free access part sounds great, the bill leaves a few things open that could create headaches down the road. The SDOs must make the standard available within a “reasonable time” after learning it was adopted into law. What exactly is a “reasonable time”? The bill doesn't say. This vagueness could allow an SDO to drag its feet, potentially leaving the public in the dark about a newly adopted law for months.

Furthermore, the bill defines “Publicly Accessible Online” as being available on a public website with navigation tools like a searchable table of contents. However, it allows the SDO to require you to create a free account to view the material. The bigger issue lies in enforcement. If an SDO fails to comply and someone sues them, the burden of proof is shifted entirely to the challenger. That means if you, the citizen, want to argue that an SDO is violating the law by not providing the free access, you have to prove they didn't comply. This makes it much harder for regular folks to hold these large organizations accountable.

Who Pays for the Rulebook?

Beyond the copyright changes, Section 4 mandates a deep dive into government spending. The Comptroller General is required to conduct a two-year study to figure out exactly how much federal, state, and local governments are spending just to buy access to the standards they’ve already adopted into law. They’ll also look at how these costs impact smaller local budgets, like those in a small town or rural county.

This study is important because it acknowledges that the current system might be financially straining governments, which ultimately means less money for other public services. The results of this report, due in two years, could potentially lead to even bigger changes down the line, depending on how high the price tag turns out to be for governments just trying to read their own rulebook.