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PEX Makers Win Lawsuit Against California

By Kelly Faloon
February 1, 2003
Los Angeles Superior Court Judge Dzintra Janavs, in response to a lawsuit filed by the Plastic Pipe and Fittings Association against the California Building Standards Commission and other state agencies, ordered the inclusion of PEX plastic pipe into the California Plumbing Code. The judge agreed that the state agencies had acted in an "arbitrary and capricious" manner in excluding PEX from the state's plumbing code.

"[This] ruling is important to consumers and anyone concerned about the effects of politics on the price of housing and the quality of life in California," said Dick Church, executive director of the PPFA.

The suit was filed on behalf of PEX pipe manufacturers and PPFA members Vanguard Industries, Uponor Wirsbo and Zurn PEX Plumbing and Radiant Heating Systems (formerly Qest Hydronics). It sought to overturn California's adoption of an updated plumbing code on May 2, 2002, which deleted PEX from the code pending an environmental review in accordance with the California Environmental Quality Act. The California Pipe Trades Council suggested this review during a routine public review and comment period.

In a decision handed down in late December, the judge found that the California Environmental Quality Act could not be used to exclude PEX because PEX is a "product" and not a "project" under state law.

"We knew we were in the right, and we made our point," said Randy Knapp, Wirsbo's plumbing brand manager. "This was a big win against the unions."

He added that throughout the process support was strong from the building industry and code officials. Even consumer groups got into the mix ("California Consumer Groups Support PEX Lawsuit," October PM 2002).

Appeal Possible

But the industry isn't out of the woods yet. There is potential for an appeal by the building commission and the five state agencies that advise it on code adoption -- the Department of Housing and Community Development; the Division of the State Architect; the Office of Statewide Health Planning and Development; the Department of Health Services; and the Department of Food and Agriculture.

Church said there is no indication at this time that they will appeal the ruling.

The California Department of Housing and Community Develop-ment's Chief Counsel Richard Friedman said no appeal decision has been made yet. The agencies have 60 days from the official judgment to file an appeal.

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Kelly june 2015 200

Kelly Faloon was a former editor of Plumbing & Mechanical as well as the BNP Media Plumbing Group’s Integrated Content Development Specialist. She also was a former editor of the Radiant Comfort Guide the Radiant & Hydronics Report — both official publications of the Radiant Professionals Alliance — and twice-monthly Radiant & Hydronics eNews, an enewsletter for anyone interested in the world of heating with hot water.

Her editorial specialties included women in plumbing, recruiting for the trades, green construction techniques, water conservation, water treatment, hydronic heating, radiant heating and cooling, snow melt, solar thermal and geothermal.

After a 3½-year stint at sister publication Supply House Times, Faloon joined the PM staff in December 2001 as senior editor. She was named PM’s managing editor in 2006 and editor in 2013.

Previously, she spent nearly 10 years at CCH, a publishing firm specializing in business and tax law, where she wore many hats — proofreader, writer/editor for a daily tax publication, and Internal Revenue Code editor.

 A native of Michigan’s northern Lower Peninsula, Faloon is a 1986 journalism graduate of Michigan State University. 

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