Page:International Code Council v. UpCodes (2021).pdf/2

 as a motion to dismiss pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). For the reasons set forth below, the motion is GRANTED in its entirety.

A. FACTS

ICC is a nonprofit corporation that develops model codes for the design and construction of the built environment, including building codes, fire safety codes, plumbing codes, and more. These model codes, known as the “International Codes” or “I-Codes,” set forth standard rules, conditions, and guidelines for various products and processes, and also delineate various technical specifications, measurements, and testing methods that apply to those products and processes.

Federal, state, and local governments frequently incorporate such standards into their statutes and regulations. Adopting privately developed model codes saves governments time and money and benefits building