Int'l Ass'n of Plumbing & Mech. Officials v. Cal. Bldg. Standard Comm'n
Opinion
Opinion
Sparks, J.
In this proceeding the plaintiffs, led by the International Association of Plumbing and Mechanical Officials (IAPMO), contend that the State Building Standards Law (Health & Saf. Code, § 18901 et seq.) precludes the defendant California Building Standards Commission (Commission) from adopting the 1994 version of the Uniform Mechanical Code published by the real party in interest International Conference of Building Officials (ICBO), as the basis for the 1994 version of the part of the California Building Standards Code known as the California Mechanical Code. (Cal. Code Regs., tit. 24, pt. 4.) IAPMO contends that the Commission is required to adopt the 1991 Uniform Mechanical Code which was jointly published by IAPMO and ICBO. As we shall explain, acceptance of IAPMO’s position would be inconsistent with the statutory scheme and would effectively give IAPMO, a private organization, veto power over the state regulatory process and would thus constitute an unlawful delegation of legislative authority. Accordingly, we shall affirm the decision of the trial court to deny the petition for a writ of mandate.