Page:International Code Council v. UpCodes (2020).pdf/61

 suggesting that at least some codes posted on Current UpCodes have “indiscriminately mingled” enacted text with unadopted model text. For example, until the ICC Opposition was filed, Current UpCodes displayed Appendices A and H to the IFC 2015 as part of the Wyoming Fire Code even though Wyoming adopted neither. (ICC Supp. SUMF ¶ 28; Wise Opp. Decl. ¶¶ 20–21, Ex. Q; G. Reynolds Reply Decl. 3; Defs. Supp. Resp. ¶ 28.) Current UpCodes similarly displayed the full IRC 2015 as the law of Wyoming until notified in the ICC Opposition, even though Wyoming incorporated that code only “to the extent that the referenced provisions apply to fire and life safety issues”. (ICC Supp. SUMF ¶¶ 28–32, 34–35; Defs. Supp. Resp. ¶¶ 28–32, 34–35.) Wyoming also did not adopt any appendices to the IBC 2015, but UpCodes displayed eleven of those appendices as the Building Code of Wyoming until it saw the ICC Opposition. (ICC Supp. SUMF ¶¶ 36–38; Defs. Supp. Resp. ¶¶ 36–38.) Some of these are rather surprising oversights, such as erroneously indicating that the landlocked state adopted an appendix focusing on tsunami-generated flood hazards. (ICC SDF ¶ 1; ICC Supp. SUMF ¶¶ 37–38; Defs. Supp. Resp. ¶¶ 37–38.)

While Defendants corrected these issues when notified by ICC ( see G. Reynolds Reply Decl. ¶¶ 2–3, Exs. A, D), it