On March 17, 2021 a
Declaration Of Christian Dubay ISO Motion To Intervene - Document
was filed
involving a dispute between
and
for (Writ - Administrative Mandamus)
in the District Court of Sacramento County.
Preview
MAY 2 h 2021
1 KELLY M. KLAUS (State BarNo. 161091)
kelly.klaus@mto.com By: T. Cmwthpr
2 BRYAN H. HECKENLIVELY (State Bar No. 279140) Deputy Cteik
bryan.heckenlively@mto.com
3 ROSE LEDA EHLER (State Bar No. 296523)
Rose.Ehler@mto.com
4 MUNGER, TOLLES & OLSON LLP
560 Mission Street
5 Twenty-Seventh Floor
San Francisco, Califomia 94105-2907
6 Telephone: (415)512-4000
Facsimile: (415)512-4077
7
Attomeys for Proposed Intervenor National Fire
8 Protection Association, Inc.
9
LOUIS Y. LEE (State BarNo. 315753)
10 louis.lee@morganlewis.com
MORGAN, LEWIS & BOCKIUS LLP
11 One Market, Spear Street Tower
San Francisco, CA 94105-1596
12
J. KEVIN FEE {pro hoc vice forthcoming)
13 kevin.fee@morganlewis.com
JANE W. WISE {pro hac vice forthcoming)
14 jane.wise@morganlewis.com
MORGAN, LEWIS & BOCKIUS LLP
15 1111 Pennsylvania Ave. NW
Washington, DC 20004-2541 td
16
Attomeys for Proposed Intervenor
17 Intemational Code Council, Inc.
18 SUPERIOR COURT OF THE STATE OF CALIFORNIA
19 COUNTY OF SACRAMENTO
20
21 Public.Resource.Org., Inc., Case No. 34-2021-80003612
22 Petitioner, Declaration of Christian Dubay In Support
of Motion to Intervene
23
vs.
Date: August 27, 2021
24 Califomia Office of Administrative Law, and Time: 10:00 a.m.
the California Building Standards Dept.: 27
25 Commission, Judge: Hon. Steven M. Gevercer
26 Respondents. Action Filed: March 17, 2021
27
28
Decl. of Christian Dubay ISO Mot. to Intervene
1 DECLARATION OF CHRISTIAN DUBAY
2 I, Christian Dubay, declare as follows:
3 1. I am the Vice President, Codes &. Standards and Chief Engineer for the National
4 Fire Protection Association ("NFPA"). I have been employed by NFPA for 25 years. The
5 contents ofthis declaration are within my personal knowledge or, if they are not, I am informed as
6 to them by individuals with personal knowledge and believe them to be true. If called as a witness
7 in this action, I could and would testify competently to the contents of this declaration.
8 2. NFPA is a not-for-profit organization. NFPA develops and publishes safety
9 standards across a wide range of areas, including electrical installation and fire prevention and
10 safety.
11 3. One such standard is the National Electrical Code ("NEC"). The NEC sets forth
12 standards for safe electrical design, installation, and inspection to protect people and property from
13 electrical hazards.
14 4. The Califomia Electrical Code ("CEC") incorporates by reference portions of the
15 NEC. The CEC also has Califomia-specific provisions, which are authored by Respondent
16 Building Standards Commission ("BSC"). The Califomia-specific provisions of the CEC include
17 amendments the BSC has made to the NEC. After BSC provides those amendments to NFPA,
18 NFPA does the work to publish and distribute the CEC at no additional charge to BSC. The cost
19 ofthis work is funded by purchasers of the CEC.
20 5. NFPA owns the copyright to the NEC. Pursuant to agreement, NFPA has granted
21 BSC a license to the NEC to cover the work involved in BSC incorporating portions of the NEC
22 into the CEC. As part ofthe same agreement, BSC has granted NFPA a license to the Califomia-
23 specific portions of the CEC for NFPA to copy and distribute copies of the entire CEC to members
24 of the public. In NFPA's experience, the purchasers of such copies are professionals who use the
25 CEC in the conduct of professional services they provide in the State of Califomia. NFPA's
26 agreement with the BSC also requires NFPA to provide printed copies of the CEC to over 100
27 specified depository libraries in Califomia.
28
-2-
Decl. of Christian Dubay ISO Mot. to Intervene
1 6. NFPA also posts the CEC on its website for free viewing by anyone who is
2 interested in reading any portion of the CEC. People who view the free-access CEC on NFPA's
3 website may read the CEC but may not download or distribute copies of it. The license agreement
4 between NFPA and BSC does not allow BSC to distribute electronic copies of the NEC to
5 members of the public.
6 7. The relevant agreement does not permit the BSC to disseminate electronic copies
7 of NFPA's copyrighted works.
8 8. NFPA uses fees it receives from the sale of the CEC to fund its development and
9 improvement of its standards.
10 I declare under penalty of perjury under the laws of the State of Califomia that the
11 foregoing is true and correct.
12 Executed on this 12th day of May, 2021, at Raynham, Massachusetts.
13
14
Christian Dubay
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Decl. of Christian Dubay ISO Mot. to Intervene
'1 JA
Document Filed Date
May 24, 2021
Case Filing Date
March 17, 2021
Category
(Writ - Administrative Mandamus)
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MAY 2 h 2021 1 KELLY M. KLAUS (State BarNo. 161091) kelly.klaus@mto.com By: T. Cmwthpr 2 BRYAN H. HECKENLIVELY (State Bar No. 279140) Deputy Cteik bryan.heckenlively@mto.com 3 ROSE LEDA EHLER (State Bar No. 296523) Rose.Ehler@mto.com 4 MUNGER, TOLLES & OLSON LLP 560 Mission Street 5 Twenty-Seventh Floor San Francisco, Califomia 94105-2907 6 Telephone: (415)512-4000 Facsimile: (415)512-4077 7 Attomeys for Proposed Intervenor National Fire 8 Protection Association, Inc. 9 LOUIS Y. LEE (State BarNo. 315753) 10 louis.lee@morganlewis.com MORGAN, LEWIS & BOCKIUS LLP 11 One Market, Spear Street Tower San Francisco, CA 94105-1596 12 J. KEVIN FEE {pro hoc vice forthcoming) 13 kevin.fee@morganlewis.com JANE W. WISE {pro hac vice forthcoming) 14 jane.wise@morganlewis.com MORGAN, LEWIS & BOCKIUS LLP 15 1111 Pennsylvania Ave. NW Washington, DC 20004-2541 td 16 Attomeys for Proposed Intervenor 17 Intemational Code Council, Inc. 18 SUPERIOR COURT OF THE STATE OF CALIFORNIA 19 COUNTY OF SACRAMENTO 20 21 Public.Resource.Org., Inc., Case No. 34-2021-80003612 22 Petitioner, Declaration of Christian Dubay In Support of Motion to Intervene 23 vs. Date: August 27, 2021 24 Califomia Office of Administrative Law, and Time: 10:00 a.m. the California Building Standards Dept.: 27 25 Commission, Judge: Hon. Steven M. Gevercer 26 Respondents. Action Filed: March 17, 2021 27 28 Decl. of Christian Dubay ISO Mot. to Intervene 1 DECLARATION OF CHRISTIAN DUBAY 2 I, Christian Dubay, declare as follows: 3 1. I am the Vice President, Codes &. Standards and Chief Engineer for the National 4 Fire Protection Association ("NFPA"). I have been employed by NFPA for 25 years. The 5 contents ofthis declaration are within my personal knowledge or, if they are not, I am informed as 6 to them by individuals with personal knowledge and believe them to be true. If called as a witness 7 in this action, I could and would testify competently to the contents of this declaration. 8 2. NFPA is a not-for-profit organization. NFPA develops and publishes safety 9 standards across a wide range of areas, including electrical installation and fire prevention and 10 safety. 11 3. One such standard is the National Electrical Code ("NEC"). The NEC sets forth 12 standards for safe electrical design, installation, and inspection to protect people and property from 13 electrical hazards. 14 4. The Califomia Electrical Code ("CEC") incorporates by reference portions of the 15 NEC. The CEC also has Califomia-specific provisions, which are authored by Respondent 16 Building Standards Commission ("BSC"). The Califomia-specific provisions of the CEC include 17 amendments the BSC has made to the NEC. After BSC provides those amendments to NFPA, 18 NFPA does the work to publish and distribute the CEC at no additional charge to BSC. The cost 19 ofthis work is funded by purchasers of the CEC. 20 5. NFPA owns the copyright to the NEC. Pursuant to agreement, NFPA has granted 21 BSC a license to the NEC to cover the work involved in BSC incorporating portions of the NEC 22 into the CEC. As part ofthe same agreement, BSC has granted NFPA a license to the Califomia- 23 specific portions of the CEC for NFPA to copy and distribute copies of the entire CEC to members 24 of the public. In NFPA's experience, the purchasers of such copies are professionals who use the 25 CEC in the conduct of professional services they provide in the State of Califomia. NFPA's 26 agreement with the BSC also requires NFPA to provide printed copies of the CEC to over 100 27 specified depository libraries in Califomia. 28 -2- Decl. of Christian Dubay ISO Mot. to Intervene 1 6. NFPA also posts the CEC on its website for free viewing by anyone who is 2 interested in reading any portion of the CEC. People who view the free-access CEC on NFPA's 3 website may read the CEC but may not download or distribute copies of it. The license agreement 4 between NFPA and BSC does not allow BSC to distribute electronic copies of the NEC to 5 members of the public. 6 7. The relevant agreement does not permit the BSC to disseminate electronic copies 7 of NFPA's copyrighted works. 8 8. NFPA uses fees it receives from the sale of the CEC to fund its development and 9 improvement of its standards. 10 I declare under penalty of perjury under the laws of the State of Califomia that the 11 foregoing is true and correct. 12 Executed on this 12th day of May, 2021, at Raynham, Massachusetts. 13 14 Christian Dubay 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Decl. of Christian Dubay ISO Mot. to Intervene '1 JA