codes into law. The record substantially reflects that one of ICC’s foremost reasons for developing model codes is for governments to enact them as law. For example, ICC’s 2015 International Building Code contains sample legislation for its enactment into law. (See Defs. SUMF ¶ 24; Gratz Decl. Ex. 1. at 1CC00008325; Gratz Opp. Decl. Ex. 27; ICC SDF ¶ 24.) ICC also has a dedicated Government Relations department that helps state and local jurisdictions to enact its codes, among other purposes. Many employees in this department are field staff working in the state and local jurisdictions that have or might adopt ICC’s codes. This department also maintains a chart on its website cataloging adoptions of its model codes. (Defs. SUMF ¶ 36; Gratz Decl. Ex. 12; ICC SDF ¶ 36.)
ICC develops its model codes through a multi-step process that utilizes various technical committees and allows for public participation and comment at no cost. The process also involves significant participation by government representatives, who compose at least one-third of each committee and vote on important decisions regarding changes to the model codes. ICC also has dedicated code development staff. ICC revises its codes pursuant to this process every three years. ICC currently incurs the up-
5
