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Ray Schlott—Those who were not in favor of House Bill 1145,what do they feel they <br /> gained by its defeat? <br /> Thomas Talboom—I am not sure. <br /> Ray Schlott—Do they feel that the defeat instituted the existing plumbing code,that you <br /> could not adopt the international code. <br /> Sam Light—I am not familiar with the substance of the bill. I can make a comment about <br /> the legislative process. There may be an impression by lay people that by having the <br /> debate solidifies the meaning of a previously enacted statute. That legally would not be <br /> the result. If there is some uncertainty in an existing statutes and there is a debate but <br /> nothing is passed that would have no effect of the existing statute. <br /> Giles Schurman—Has anyone taken any of the jurisdiction who have adopted the code to <br /> court? <br /> Tom Talboom—The State Housing Board has adopted both codes. If there is gomg to be <br /> a lawsuit I think it would first be against Carbon Dale. <br /> Sam Light'—As more and more municipalities adopt the IPC any one of them could be <br /> subject to a lawsuit. There are a lot of considerations to take mto account. Take the <br /> manufactured housing cases that were brought by the Manufactured Housing Association <br /> here in Colorado There were a lot of municipalities who were doing things that the <br /> Manufactured Housing Association thought were improper They did not pick all the <br /> municipalities as defendants. They picked different municipalities for different reasons. <br /> Sometimes it is venue,they may feel there is a sympathetic court. They may have a <br /> higher concentration of membership or interested parties in a particular jurisdiction. It <br /> may be just shear numbers, in which case there is no reason to expect Carbon Dale is in <br /> line before us. If it is trade organization which is bringing the suit,they may consider <br /> which jurisdiction will have the biggest effect on their members. Where they are doing <br /> most of the work effected by this. That may mean that a County is the target of a lawsuit <br /> rather than a municipality, or a large home rule municipality If they win the case against <br /> a home rule municipality, it would seem that you would likely win the case against a <br /> statutory municipality,because they have lesser authority <br /> When we adopt this code it is a legislative act. We have the benefit of presumption of <br /> proper conduct,presumption of constitutionality,that what were doing is valid. The <br /> presumption's mean a lot to attorney's and the court because it says who has the burden <br /> of proving the other party wrong. <br /> The other thing is to have a good record in front of City Council and show that the <br /> department has thought through every issue which might be a problem. <br /> 4 <br />