earlydean WROTE:
Actually we don't have to guess the intent of the CMP. It is recorded in the ROP and ROC by NFPA.
That does not change the fact that what the legislative body adopted includes only the language of the code itself. A court trying to sort out conflicting interpretations will look at the legislatures intent but not at the intent of non legislative CMPs. It is a legal absurdity to attempt to delegate legislative authority to anyone outside the legislature in question. The office of the California State Fire Marshal tried to adopt the National Fire Codes by reference without naming a year or addition in an attempt to avoid the costs of periodic adoption. I don't know if any court ever called them on it but I'm confident that the court would have depended on the editions of the various codes that were in effect at the time of the adoption by the legislature.
--
Tom Horne
"This alternating current stuff is just a fad. It is much too dangerous for general use." Thomas Alva Edison
